Watch What You Eat!

Imagine the lip smacking Kerala fish curry, cyrian beef fry and of course the porotta nicely plated up. Who can resist not indulging in these?
Even as the menus in hotels look enticing, Keralites have learnt to do so, the hard way. To imagine that the shawarma which killed a young man, was from the same hotel we frequent to have chicken biriyani, gives me shudders.

Perhaps a young man had to pay with his life for an entire department to wake up to the reality of the state of hotels in Kerala. On July 10th, 21-year-old Sachin Mathew, had 3 shawarmas from a hotel in Thiruvananthapuram en route to Bangalore. Four days later his family got to know of his unfortunate death. What followed are the knee jerk raids on hotels across the state by the Food and Safety Department. In the past one-month alone 1000 eateries have been inspected, out of which 60 have been asked to shut shop. This is for not following the minimum standards of basic hygiene and serving stale food..

A Corporation health squad led by Mayor K. Chandrika seized stale food from
nine major hotels, including a star hotel, in Thiruvananthapuram in a lightening inspection

The local media is full of news about hotel raids and the kind of stale food that we are being fed. Uncooked meat, animal waste piled up in the kitchen, stagnant dirty water and cans of reused oil, the list can make you go straight to the toilet and puke. To think that this is only the state of affairs in Kerala will be unwise.

The fact is that across our country there is hardly any surveillance over hotels – big and small. Anybody can start one and serve rotten food.  As it was revealed in the raids here, many hotels did not have a proper license or any mandatory certificates from the local body.  It is an open secret how corrupt the Food inspectors are. Many of them sit in the comforts of their AC rooms and stamp away approvals, as long as the right amount of money fall into their cabins.

The Food and Safety Act, 2006 has stringent provisions, but the Centre notified the rules for enforcement of the legislation only last year. The Prevention of Food Adulteration (PFA) Act was all about adulteration and penalties, but the 2006 Act [3] is the first attempt in the country to engage in standardization process, defining specific standards for each food item.
The States have been asked to complete the registration and licensing process by August 4. In this first year of implementing the Act, the Food Safety [4] and Standards Authority of India (FSSAI ) will focus on getting solid data on the number of persons engaged in food business in the country. Rough estimates say that about 5.5 crore people are engaged in the food business, including street vendors and home-based food sellers. The FBOs [5] have been categorized on the basis of their annual turnover and those with a turnover of Rs. 12 lakh and above will need a license while those below will need to register themselves under the Act.

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 [6] items, the punishment will range from seven years' imprisonment to life, besides a fine of up to Rs 10 lakh.

Like in many other issues in our country it perhaps took the government 65 years to streamline the food industry. Its not the lack of laws, what matters is the will to implement them. Till then, the proof of the pudding is in the eating!

DINAMALAR NEWS

Is ready-to-eat-food a hit?

Packaged food makes it easier to prepare a meal | EPS

The safety of processed and fresh food has not improved in the last two years especially in the cosmopolitan cities. A recent study reveals that Bangalore has fallen prey to this new food habit, considering the fact that it is a growing city.

According to a study by Underwriters Laboratories (UL), a non-profit product safety testing and certification organisation, top consumer concerns with regard to processed food are chemical additives, food-borne illness and hygienic conditions to the contradictory belief of the Indian consumers that product safety has improved.
Packaged food is not an old concept and has in fact, been in our society from time immemorial. Today, packaged food consumption is an essential ingredient of our life.
Starting with the morning cup of tea or glass of milk, the cereals or rice mix used for preparing breakfast to wheat during lunch, snacks, sweets - everything comes in a box for the superfast generation.
However, Chetan Hanchate, a food consultant disagrees with the study findings. He said, "Absolutely packaged foods are safe for consumption. Packaged food is not a new concept but today it comes with a modern trend and different function to perform. If packaging was harmful, many people would have been crippled with illnesses.”
“Science and technology has improved to such an extent that it stores the nutrients in a manner that the food remains are as fresh as it would have been. In fact, packaging helps in transportation of the food and other ingredients like cheese to remote places. Otherwise, such products may not have been available in such places. The only difference is that some are ready to eat and some are ready to cook. In the US, they have more of what’s ready to eat but in India we have what’s ready to cook,’’ said Hanchate.
Handling of issues like transportation, packaging and maintaining hygiene has been put under scrutiny after strict compliance of Food Safety and Standards Act, 2006 which was brought into force exactly a year ago.
Underwriters Laboratories says that today women no longer can afford to spend hours in kitchen preparing three meals a day, hence, packaged food has witnessed a rising trend, an easy alternative without knowing the harmful effects attached to it.
India's packaged food industry is likely to touch 30 billion by 2015. These foods makes it quicker and easier to prepare a meal, but it is important to understand the hazards associated with activities such as product packaging, food handling and food storage.
According to Centre for Disease Control and Prevention, many people were stricken by the effects of Bisphenol A. It is a hormone-mimicking toxin that has also recently been found to impact our DNA and kill off female ovarian cells in a way that may cause down syndrome and fertility problems in future generations, which was found in packaged foods which is destroyed by simple cooking like boiling. Lalitha, a nutritionist says, “Today, the only thing that comes raw is fruits and vegetables, so, we cannot entirely discard all the packaged food. However, as far as junk and fried packaged food are concerned, it is very difficult to ascertain its sanitary conditions as they all come with a doubt. Something like bread from a highly reputed company has issues with hygiene level, in fact, a local bakery may produce much more fresh and healthy bread and I have witnessed this myself. The only option for the consumers is to check on the nutritional content, for instance if you want to consume a fruit juice, go for the ones which is rich in anti-oxidants like guava and grapes. One needs to spend a little more thought and time on making a choice.’’
All Food Business Operaor (FBO) below Rs 12 lakh have to get themselves registered, from road-side chat sellers to vegetable vendors. When we spoke to the BBMP chief health officer, Manjula, she said, “We do look after the packaged food items but only until a complaint is brought to our notice.’’

Chips, colas junk IQ in children

Kids On Fast Food Diet Have Low Intelligence Compared To Healthy Eaters

Melbourne: Parents, please note! The junk food your kid eats might be affecting his intelligence quotient, a new study has claimed.
    Researchers from the University of Adelaide found children fed healthy diets may have a slightly higher IQ, while those on heavier junk food diets may have a slightly reduced IQ.
    Dr Lisa Smithers from the public health department in the University looked at the link between the eating habits of children at six months, 15 months and two years, and their IQ at eight years of age.
    The study of more than 7,000 children compared a range of dietary patterns, including traditional and contemporary home-prepared food, ready-prepared baby foods, breastfeeding, and ‘discretionary’ or junk foods.
    “Diet supplies the nutrients needed for the development of brain tissues in the first two years of life, and the aim of this study was to look at what impact diet would have on children’s IQs,” Smithers said.
    “We found that children who were breastfed at six months and had a healthy diet regularly including foods such as legumes, cheese, fruit and vegetables at 15 and 24 months, had an IQ up to two points higher by age eight,” Smithers added. “Those children who had a diet regularly involving biscuits, chocolate, sweets, soft drinks and chips in the first two years of life had IQs up to two points lower by age eight,” Smithers said in a statement.
    “We also found some negative impact on IQ from ready-prepared baby foods given at six months, but some positive associations when given at 24 months,” Smithers said. “While the differences in IQ are not huge, this study provides some of the strongest evidence to date that dietary patterns from six to 24 months have a small but significant effect on IQ at eight years of age,” Smithers said. PTI
Butter popcorns tied to Alzheimer’s risk
    Anew study including Indianorigin researchers have raised concern about chronic exposure of workers in industry to a food flavouring ingredient used to produce the buttery flavour and aroma of microwave popcorn, margarines and other snack foods. They found evidence that the ingredient, diacetyl, intensifies the damaging effects of an abnormal brain protein linked to Alzheimer’s disease. PTI

Tackling 3 tonnes of gutkha: Officials await court order

Over three tonnes of seized gutkha sachets sealed in plastic bags are stocked on the fourth floor of the Food and Drug Administration (FDA) building in Bandra-Kurla Complex. The total seizure — from 16 raids since July 20 when the state government imposed a ban on gutkha and paan masala — is valued at Rs 78 lakh.
According to officials, the security staff has been updated on the audit with a special vigil kept on the seized commodities. The stock has been deliberately kept on the fourth floor, which is otherwise vacant, as the stench can be overpowering. “We are waiting for the court order on the disposal. It will be a lengthy procedure,” said Suresh Deshmukh, Joint Commissioner, (food), FDA.
The Bombay High Court is currently hearing the matter, with the next date being August 16. The state had filed an affidavit defending the one-year ban, including the products under the definition of “food” under the Food Safety and Standards Act (FSSA), 2006. The manufacturers had challenged the state government on the grounds that their product, since governed by the Cigarette and Tobacco Act, 2003, does not come under the ambit of the state-imposed ban.
“If the court approves disposal, we will have to get the sanction of eight state government departments, including the city police. The seized products will then be buried at any of the garbage dumping yard approved by the BMC under the supervision of health officers. There are procedures for this and we will have to follow them,” said Deshmukh.
With the dispute being in court, manufacturers have also started distributing circulars to vendors claiming that gutkha does not come under the ambit of the FSSA as it doesn’t have magnesium carbonate.
“We are aware of this and will continue our raids. If a vendor is found with banned products, he is liable under the Act and the state-imposed ban,” added Deshmukh.
Staff shortage is another issue that the FDA now faces as 45 of the 66 sanctioned posts of safety officers are vacant. “We are relying on the Mumbai Police staff to gather information on places where these goods are being stocked. We have intelligence coming from our safety officers but this is a big fight and we will need the help of the police. One of the consignment was seized after intelligence from Mumbai Crime Branch’s Ghatkopar unit,” he added.

FDA is also targeting its resources on stockists and bigger warehouses. “At least that way we are going for the bigger fish. Once the word spreads, small vendors will stop stocking.”

ADVISORY ON PRODUCT APPROVAL

Gutka comes under the food category: Maha Govt

The state government defended its one year ban on the manufacture and sale of gutka and paan masala by saying that these two items came under the ‘food’ category. They told the Bombay High Court in an affidavit that the two products come under the category of ‘food’ under the Food Safety and Standards Act (FSSA), 2006.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala.
The manufacturers said that since gutkha contained 6-8 % tobacco and had no nutritional value couldn’t be termed under the food category. It therefore wasn’t under the purview of the FSSA and should have come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutka and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Over 1000 samples of gutkha and paan masala, when tested revealed that over 98% of them flouted the Prevention of Food Adulteration Rules. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endeavour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.

Gutkha, pan masala come under food category: State
The state government, defending its one-year ban on manufacture and sale of gutkha and paan masala, on Tuesday told the Bombay High Court in an affidavit that the two products come under the category of ‘food’ under the Food Safety and Standards Act (FSSA), 2006.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala. The ban has been invoked under the FSSA.
The manufacturers had contended that gutkha, which contains six to eight per cent tobacco, has no nutritional value and hence, cannot be brought under the purview of the FSSA. They stated that it would come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutkha and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Of the 1,173 gutkha and paan masala samples tested by the FDA between 2003 and 2011, 98 per cent flouted the Prevention of Food Adulteration Rules, the government claimed. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endevour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.
Magnesium carbonate can cause cardiac arrests, carcinogenic and co-carcinogenic effects, oral and sub-mucous fibrosis and oral cancer, Sankhe said. Granting the manufacturers time to file a rejoinder, Chief Justice Mohit Shah and Justice N M Jamdar adjourned the case till August 16.

Know what you eat!

With the amendment of Prevention of Food Adulteration (PFA), 1954, the newly formed Food Safety and Standards Act 2006, makes it binding on all the eateries, dhabas to obtain a licence and register the eatery with Food and Drug Administration Department.

The Act states that every street food vendors with an annual turnover of less than Rs12 lakh will have to obtain a certificate. Those having a turnover of over Rs 12 lakh will have to obtain a license. The licensing fee is Rs 100 per year while registration fees are around Rs 2000. The obtainer can apply for a license and registration for a period of five years.
Chandrashekhar Salunke, assistant commissioner, Food, FDA, Pune district, said, "All establishments are made mandatory to obtain license from FDA, only to function smoothly. This decision will curb and bring down the low quality of food and hygienic conditions while preparing will be maintained."
“It is a good decision to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. Unfortunately, actual regular inspection is not done by concerned authority. Mere imposing new regulation will not solve the hygiene problem. As we see generally same cloth is used to clean the utensils all day long, the food cooked in the morning is served for the whole day creates hygiene problems. Encroachments, hotel parking problems can be solved at the initial stage only,” said Dinesh Hole, member, Zonal Railway Committee.
FDA Commissioner, Mahesh Zagade said, "The officials of our department are into action since last two months. FDA will be taking strict action against the people who sell edible products and do not hold license issued by FDA. We have also started a new software for the people who want to start their business and process online admission. FDA website has all information related to license, registrations, organisations registered, etc."
The owner of a restaurant Rakesh Tribhuvan said, "The civic body takes so much bribe, which we cannot afford and it would take at least eight years for common people like us to get license. Therefore, I have applied in the normal process and I am waiting for my turn to come."
Sagar Adhav, who is a resident of Taboot Street, shared his point of view, "Licenses should be made compulsory for all. However the process should be made quick and efficient and there should not be long waiting time for it. Small shop owners provide good tasty food at affordable rates and I believe 80 per cent of the citizens like to eat at places like these."
We also spoke to Hameed Ansari who runs a sandwich stall at MG road and told us, "If we apply for license, then we have to shell out huge amount of money and no one bothers to check it. Once in a month, anti-encroachment van of PCB comes to pick up the hand cart, we pay them some amount and get out handcart back. This is how I have been managing my business for the last 7 years."
Vikram Bhide, a resident of Bhopla Chowk who enjoys eating food at the food joints, said, "I don't know why the government has to trouble the lower middle class when they cannot do any good to them. These are poor people who work hard in order to earn their bread and butter. They are honest, innocent people. The reason why they put handcart is because they cannot afford to have a restaurant. The government should spare these people."

Legal crackdown on dodgy eateries

Documents released under freedom of information show dozens of Canberra eateries could face court over poor hygiene standards.

The ACT Government has published documents relating to its enforcement of food safety laws on its FOI website.
The health documents show authorities successfully prosecuted three Canberra eateries under the Food Act earlier this year.
Another 18 prosecution briefs were submitted to the Director of Public Prosecutions for consideration as of March 30, and a further 28 cases were being prepared for submission.
The documents also show that 42 prohibition orders were issued against Canberra restaurants in 2011, up from nine the previous year.
To the end of April this year, 11 notices had been issued.
The documents also detail incidents where public health inspectors faced aggressive and intimidating behaviour by restaurant owners.
In one instance police were called.
The papers also show the Government has begun billing unsafe eateries hundreds of dollars for the cost of reinspecting their premises.
Health Protection Service director John Woollard says it is unclear what is behind the increase in critical breaches.
"Vermin infestations, rats, mice, cockroaches, through to filthy businesses, temperature control where foods aren't maintained at the correct temperature, a lack of hand washing facility those sorts of things," he said.
"All of those things in their own right are critical breaches and when they're combined they become quite problematic."
The Government is still considering how to implement a scores on doors rating scheme for food safety standards.
Mr Woollard says evidence from overseas shows it can work.
"There is evidence from overseas, where it's quite widespread, that it is an effective strategy," he said.
"I think that there is value in doing it but it comes at a cost. There are a range of implementation issues that we would need to wrestle with and work closely with the community and industry with, if it was to be brought forward."
Chief Minister Katy Gallagher says the scheme requires extensive industry consultation and is at least a year away.
"Certainly any changes we make to legislation would be dealt with in the next Assembly. So there's just a bit more work to be done there. I would certainly believe legislation passing the Assembly would probably take the next year," she said.

Safety supervisors

Ms Gallagher has today released a discussion paper on the introduction of food safety supervisors.
Eateries will be required to appoint a specially-trained food safety supervisor from August 2013.
"Food businesses have an obligation to ensure food is safe for public consumption. A food safety supervisor will undergo specialist training to ensure they can supervise and train others in safe food handling," Ms Gallagher said.
The paper is open for public comment until September 14.

Suspect kebabs

The documents also show five people were admitted to hospital with food poisoning after the National Multicultural Festival in February.
The main event of the festival is the food extravaganza where hundreds of stalls sell food from around the world.
A ministerial brief about this year's Multicultural Festival categorises the festival as a high-risk event in terms of food safety.
Over the Friday and Saturday of the festival, eight public health officers conducted about 100 formal inspections and many more 'walk-by' inspections.
There were three breaches of food safety laws resulting in the destruction of food.
The document goes on to say there were 11 cases of food poisoning linked to the festival, with eight laboratory confirmed cases of salmonella.
Five of the eight cases resulted in hospitalisation.
The brief says investigations have linked the food poisoning to two kebab stalls.

Govt withdraw two infant formulas

The government has ordered the recall of two popular Japanese brands of infant formula.
The authorities took action after tests revealed that they contained very low levels of iodine - an important nutrition component for development in babies.
The brand names are Wakodo and Morinaga.
The Centre for Food safety tested the first batch of 14 brands of milk powder and discovered that at least six samples had iodine level below the standard set by Codex.
Iodine is vital for babies up to six months because lack of it could affect the tyroid glands.
The Secretary of Food and Health, Ko Wing-man said parents should immediately stop giving their babies the infant formula in question.
He assured the public that officials at the Centre for Food Safety will step up their monitoring.
Dr Ko said the Hospital Authority has designated clinics within the maternal and child health centres for parents who want to have their babies checked.

Packaged water no safe bet: Health dept study

If you think you are consuming packaged water and thus you are safe, you may be wrong. The report card of the State Health Department on water samples  shows that water could be substandard, even if it is stored in a sealed container. 
Of the eight packaged drinking water samples analysed by the Public Health Institute of the department of Health and Family Welfare in June, seven (87.5 per cent) were found to be substandard and thus did not meet the prescribed specification of the Bureau of Indian Standards (BIS).

In May, six packaged drinking water samples were tested and five turned out to be substandard and misbranded. The department, however, did not analyse any water sample for the first three months of this year. Only two samples were tested in April.

Anjum Parvez, Commissioner of the Health Department, described the scenario ‘alarming’. The department is slowly waking up to the responsibilities it has been entrusted with under the Food Safety and Standards Act, 2006, which came into effect on August 5, 2011.

The department, which is facing severe staff shortage, was forced to act recently following a public interest litigation filed by a non-governmental organisation against the government for not taking action against companies that sell substandard packaged drinking water.

The department, in its raids across the State, found 564 water units of the total 788 were functioning without BIS ISO certification. No person can do business of packaged water or mineral water without BIS certificate. Despite having the certificate, if the set norms are violated, the units could be closed by the government, said Parvez.  The Commissioner said after the raids, 100 units were closed for violation of norms. Of these, 19 have filed writ petitions in court against the department.  The highest number of unauthorised water packaging units were found in Bellary - 78 and Bangalore Urban - 69. In BBMP area, 23 had no certification, while 16 had BIS certification. The scene in other major districts like Dakshina Kannada, Mysore, Dharwad and Belgaum is no better. In Gadag, Haveri and Yadgir, none of the units had certification. Unauthorised units outnumbered authorised units of packaged drinking water in most districts.  Most of the units harness borewell water, use the reverse osmosis process, package and sell it. The department has no information on the quantity of such packaged drinking water produced.  Till the judiciary decides the matter, should the people continue to be cheated? “The department has taken up the drive against packaged drinking water aggressively. However, with many litigations in court, the drive has to be postponed by another three months,” Parvez said.

Under the Food Safety and Standards Act, the department is required to test quality of water, milk and any edible item, besides issuing licences and conducting registration. The progress is tardy.  “Of the conservative estimate of 4.5 lakh food business operators in the State, only around 15,000 are registered or have licences,” said Parvez.

The department is in need of more staff to carry out its work. Of the 238 posts created, the working strength is 145. The finance department has sanctioned an additional 170 posts.  Each lab analyses only 20 to 25 samples against the stipulated 70 to 80 samples, he said. The department has labs only in Bangalore, Belgaum, Mysore and Gulbarga. While food is tested in all the four, water is tested only in Bangalore.  The Public Health Institute at KR Circle in Bangalore does take water samples for lab analysis. However, only packaged water in a sealed container is tested, according to Parvez. Efforts are on to establish more labs.

SC to hear petition against ban on gutka

The Supreme Court has transferred to itself a petition filed by a leading chewing tobacco manufacturer against the ban on sale of gutka and paan masala.
Gutka manufacturers have moved various high courts questioning the constitutional validity of the notifications issued by various state government. The manufacturers are insisting that 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".
A bench headed by Justice RM Lodha transferred to itself a petition filed by Dharampal Satyapal before the Delhi High Court against the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations 2011, which was notified in August last year, that imposed restrictions on use of nicotine and tobacco in food products.
The petition was transferred on the ministry of health and family welfare's plea stating that similar petitions are pending before the apex court. After repeal of Prevention of Food Adulteration Act 1954, provisions of Rule 44J have been retained as Regulation 2.2.4 under the 2011 Regulations.
Regulation 2.3.4 prohibits sale of products that contain any substance injurious to health and prohibits tobacco and nicotine as ingredients in any food products. Even Regulation 3.1.7 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%.
Dharampal Satyapal has alleged that the Regulation is contrary to the Cigerettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003.
Even tobacco majors Dhariwal Industries, Ghodawat Pan Masala Products, Rajnandini Foods, SDD Agencies and Hira Enterprises have moved the Bombay HC seeking setting aside of 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.

Food Safety and Standards Act implementation facing hurdles

Even as the the licence /registration of food manufacturing and selling units and street food vendors have been extended till February 2013, the State Government is confronted with many constraints like staff shortage, lack of infrastructure and resource crunch with regard to implementation of the Food Safety and Standards Act (FSSA).
A section of food safety officials are doubtful if the Act could be implemented with the existing constraints even if the deadline for licence/registration was extended.
‘’There was a transition period till August 5 this year. But it is doubtful if the Act could be fully implemented in the state as many issues are yet to be sorted out,’’ sources in the office of the Commissioner of Food Safety said. They said that it was unlikely that the Act will be fully implemented within the timeframe at the current pace.
‘’Shortage of staff and law enforcement officials are the main constraints in fully implementing the provisions of the Act,’’ they said. There are only about 125 officials to deal with the whole system, they said. In addition, there are no accredited labs in the state for testing the food samples that are collected.
Moreover, there are no adequate technical personnel to conduct the tests as prescribed in the Act.
Another hurdle that the State Government faces with regard to the implementation is the setting up of Appellate tribunals, adjudicating officers and special courts, which are notified under the Act.
However, Joint Commissioner of Food Safety K Anil Kumar said that the state was close to fully implementing the Act.
‘’Within days, the Act will be fully implemented in the state,’’ he claimed.  With regard to the formation of Appellate tribunals and appointing adjudicating officers, he said that the notification had been issued.
‘’There is no need for any concern. Everything is going in the right direction,’’ he said.

HC directs Maha govt not to destroy seized gutkha, pan masala

The Bombay High Court today directed the Maharashtra government not to destroy gutkha and pan masala packets seized by them pending hearing of petitions filed by several manufacturing companies challenging the ban on sale or manufacture of these tobacco products.
The Food and Drug Authority (FDA) had seized gutkha and pan masala worth over Rs 5 lakh after the state government issued a notification on July 19, 2012 prohibiting manufacture, sale and storage of the tobacco products across Maharashtra.
Aggrieved by this, several gutkha and pan masala manufacturers approached the High Court seeking to set aside the notification and two regulations of the Food Safety and Standards Act (FSSA), under which the ban was brought into effect.
The state government today filed an affidavit saying the petitioners cannot challenge the constitutional validity of the regulation in the High Court here as the said Act and regulations have been made by the central government.
"The regulation has been enacted by the central government. The government of Maharashtra is only the enforcing authority," the affidavit filed by Kamlesh Sankhe, joint commissioner (Food) from the FDA, states.
Justifying that the ban was issued in the interest of public health, the state government has said it is its duty to raise level of nutrition and standard of living among its citizens.
"Improving public health and raising level of nutrition is one of the primary duties of the state government. The government shall endeavour to bring about prohibition of consumption of intoxicating drinks and drugs except for medicinal purposes which are injurious to health," the affidavit states.
A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar today adjourned the hearing till August 16 after the petitioner companies sought time to go through the state government's affidavit and file their reply to it.

Food and drug administration to start testing food samples with mobile laboratory

BHOPAL: The food and drug administration (FDA) officials would hit the roads again - only this time with an upgraded mobile laboratory to test and analyze food products on the spot. If contamination in food items is established, the food inspectors would be able to penalise violators on the spot, under the new food safety and standards authority of India (FSSAI) Act.
The new mobile laboratory is likely to start functioning from September, which would travel across the state.
MP food safety commissioner, M Geetha told TOI, "The installation of mobile laboratories would help FDA test food samples quickly, picked right from the source of productions be its milk, vegetables or others. "Our facility would be able to analyze the produce for different parameters of contamination," she said. The parameters include testing for colour, pesticide recede and hormones in products.
The mobile laboratory would also promote transparency. "Since, the test report would be available instantly, it would not leave much room for complaints," said FDA officer C Meena. Currently, laboratory test reports take about a fortnight to come. Businesses have often claimed that the elapsed time has a detrimental effect on their business.
A budget of approximately Rs 55 lakh has been allocated for the new mobile laboratory. "We are awaiting design specs as the chassis has already been purchased," said Meena.
"In addition the mobile lab would target facilities which have sickened people in the past," he added. A positive test result for contamination after sample screening can be sent for more extensive testing to confirm the mobile lab's results.

Food companies face action for misleading ads

Health authorities to collect samples and conduct tests

In an attempt to regulate misleading advertisements by companies that promise moon but deliver little, health authorities will start collecting samples at random and conduct tests in the Food Safety Laboratory in Hyderabad. The quality analysis reports will be directly uploaded in the government website to help consumers make an informed choice.

The move to frequently collect random samples of food and other edible products from companies is part of a drive of health authorities to spread awareness on food safety. The aim is also to penalise companies that come up with misleading advertisements.

“Public are not aware about the existence of Food Safety and Standards Act, 2006. The Act empowers us to regulate misleading advertisements. We want to popularise this Act by spreading awareness. Close to 1,000 random samples will be collected for testing. The results will be uploaded in our website,” Food Safety Commissioner, Praveen Prakash said.

In a first salvo of sorts to curb such false claims, Mr. Praveen Prakash has also served notices on well known edible oil and food companies - Gemini Edibles and Fats Private Ltd for the claim of zero percent cholesterol in ‘Freedom Refined Sunflower Oil’, Health Heart Foods, Timmapur for claiming that their brand ‘Healthy Heart Sunflower Oil’ reduces cholesterol.

Hi-Tech Malto Max Foods, Himachal Pradesh, which has claimed that its product helps reduce cholesterol, improves digestion, is low fat and has stress relievers. Notices were also issued on Heinz India, Mumbai for advertising that its product ‘Complan’ has 34 vital nutrients and eight enriched with food products.

Under Section 53 of Food Safety and Standards Act, 2006, individuals who publish advertisements that falsely describe food and are likely to mislead or give false guarantees to public are liable to a penalty up to Rs. 10 lakh. “There are large numbers of food products that claim a lot but do not have scientific basis,” Mr. Praveen Prakash said.

Officials familiar with issue said that very soon the Central Government is also likely to come up with legislations and an inter-ministerial group to regulate such misleading claims. “The companies have come together to set up Advertising Standards Council of India (ASCI) to self regulate, but there has been no success,” officials rued. The test results from Food Safety Laboratory will be hosted in cfw.ap.nin.in and aphealthorders.co.in.

FSSA licensing, registration for dairy industry

The Food Safety & Standards Act, 2006, which was formed for laying down science-based standards for articles of food and regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

The food authority and the state food safety authorities specified in Sections 30(1), 36(1) & 37(1) of this Act shall be responsible for the enforcement of the provisions of the Act. It empowers the said authorities to monitor and verify that the relevant requirements are fulfilled by food business operators, maintain a system of control, public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business. It empowers the state government to appoint commissioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under the Act or the rules and regulations made thereunder. No person shall commence or carry on any food business except under a licence issued by a designated officer authorised by the commissioner of food safety. Petty manufacturers, retailers, hawkers, itinerants, vendors, small scale, cottage & tiny food business operators are exempted from licensing. They are required to be registered themselves with appropriate authority. An appeal against the order of the designated officer shall lie with the commissioner of food safety. The designated officer may serve an improvement notice if he has reasonable grounds for believing that the proprietor or a food business operator has failed to comply with any regulations and in the event of failure to comply with such improvement notice, the licence may be suspended or cancelled. It empowers the court to issue prohibition orders in cases where the food business operator is convicted of an offence under the Act. It empowers the commissioner of food safety to appoint food safety officers in consultation with the state government, by notification, for such local areas as it may assign to them for the purpose of performing its functions under the Act. It enumerates in detail, the powers of the food safety officer, which include taking of a sample of any article of food seizure of any article intended for food which appears to the food safety officer to be in contravention of the Act or the regulations or orders made thereunder, power to enter and inspect any place where article of food is manufactured, or stored for sale, etc.

It seeks to provide punishment for carrying out a business of manufacturing, selling, storing or distributing or importing any article of food without a licence by any person or a food business operator either himself or by any person on his behalf, who is required to obtain a licence under the Act.

It makes enabling provisions for establishment of tribunals to be known as the Food Safety Appellate Tribunal consisting of one person only as the presiding officer of the Food Safety Appellate Tribunal to be appointed by the Central government or the state government as the case may be.

The deadline for licensing & registration has been extended by six months. So far, Maharashtra has already issued 1,70,000 licences collecting a revenue of around Rs 44 crore. In Mumbai alone around 30,000 licences were issued and a revenue of Rs 8.5 crore collected.

Petition
The petitioners filed by the Bombay food traders said that the conditions or surroundings required as a pre-condition for obtaining a licence is virtually impossible. According to the petition, failure of the state government/ local authorities or industries to maintain areas free from environmental pollution and industrial activities cannot deprive licence to the food business operators (FBOs).

The petitioners said that such provisions were an obligation of state/ local municipal corporations over which FBOs has no control. Same is the case with drainage and sewage. The petition also points at a clause which states, if FBOs fails to comply with the improvement notice, the DO may, after giving the licensee an opportunity to showcause, cancel the licence granted to him.

While an opportunity to show cause is provided before the DO may cancel the licence granted, the section makes no provision for the period of notice or for grant of personnel hearing to make the provision inconsonance with the principles of natural justice as enshrined under Article 140 of the Constitution of India.

Interim injunction
The Madras High Court has granted an interim injunction restraining the commissioner of food safety of Tamil Nadu from enforcing the provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 against the members of the Tamil Nadu Hotels Association.

In the petition, the petitioners challenged the validity of certain regulations framed under the Food Safety and Standards Authority of India for laying down scientific standards for food articles and regulating their manufacture, storage, distribution, sale and import.

The petitioners said the association members were running non-star restaurants, eateries, mess, sweet stalls, bakeries and coffee stalls. The regulations were "really draconian" in nature as the conditions laid down were virtually impossible to be implemented. They would result in "devastation of local food industries which were in the nature of small-scale or cottage industry and the entire food business would be conquered by multi-national companies and multi-national industries."

National survey
The National Survey on Milk Adulteration, 2011 was conducted by the regional offices of FSSAI in Chennai, Mumbai, Delhi, Guwahati, and Kolkata. A total of 1,791 samples were collected from 33 states. The Food Safety Standards Authority of India (FSSAI) study claimed that 70 per cent of milk samples picked up failed to confirm to standards. It had also claimed 50 per cent of the samples were found to be contaminated with glucose and skim milk powder.

Also addition of milk powder has also been considered as adulteration by the food Safety and Standards Act 2006, double toned, toned, standardised and full cream milk can be standardised for fat and solids by mixing SMP. During winters, the milk supply is 50 per cent in excess. So it is scientifically and hygienically converted into SMP by evaporating the water, with a view to conserve it. This is reconstituted later to meet the demand in summers, when supply is short.

Substandard milk
The CEO of FSSAI has clarified that the substandard milk being sold in India is mostly nonconforming to FSSAI standards and all nonconforming milk may not be contaminated or unsafe for human consumption. However, the survey report sensitizes the milk producer, processor and consumer to the FSSAI standards and also raises the awareness of substandard milk being sold in the country. On-going through the report, majority of the samples have failed due to the presence of Skimmed Milk Powder which by itself is not an adulterant or contaminant if added to any standardized milk sold either as Standardized, Full cream, toned or double toned milk. But, for milk being sold without any marking the law states that addition of SMP is not allowed. Also some cases of neutralizer, urea and detergent addition are also reported which is definitely of serious concern.

Food legislation is recognised as an important pre-requisite for protection of the consumer's health and facilitating free and fair trade. Other concerns addressed by the food legislation include development of quality assurance system and the ultimate development of the industry itself. The Food Safety and Standards Authority of India (FSSAI) has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. These legislationsare intended to regulate the safety and quality of foods, both domestically produced and imported. This shows the seriousness of the government in addressing food safety related issues. However, change in legislation is needed to clarify the role of different persons involved in food production especially producers, traders and manufacturers.

Unfortunately, there is no national system for monitoring of contaminants levels in foods or for regular surveillance of food-borne diseases in the country. Incidences of food poisoning are occasionally reported in the media.

Contamination
Contamination of milk with pesticide residues, veterinary drugs and heavy metals is being / has been surveyed independently by the Indian Council of Medical Research, National Dairy Development Board, National Dairy Development Research Institute, Export Inspection Council of India and Agriculture Research Institutions as per their requirements and mandate. Their results are often not published. Some consumer organizations have also surveyed contamination in milk from some specific locations occasionally. Some individual organizations do publish data based on their surveys, often limited in scope and size, on contaminants levels in milk and milk products. But published information of such surveys is limited, and sometimes presents questionable data. It is unfortunate that reliable published information on levels of different important chemical contaminants in foods, and their trends, is generally lacking. Institutions must be identified for generation of database to be used both for national and international standard formulation. A national review of research activities be undertaken involving Universities, Research and Development Institutions, Industry and consumers so as to give priority to research aiming at providing necessary data to better manage food safety.

Standards too must be updated from time time so as to reflect the present day need prevailing in the Global market as well as to harmonize with Codex Standards where ever feasible. While the onus is on the food industry to produce food that is safe and of high quality, the national food control system designed to include contemporary approaches and having due regard to Codex Stndards can play a vital role in ensuring food safety throughout the food chain. Simultaneously strategies for risk assessments and risk management must be worked out. A standing group of experts be constituted to review and update the syllabus for various training courses for senior officers, food inspectors, consumers, analysts and other stakeholders. The training syllabus for senior officers and inspectors associated with enforcement should lay more emphasize on adoption of GMP, GHP, seven principles of HACCP by the industries rather than mere sampling. A code of practice for inspection be prepared incorporating modern inspection techniques based upon HACCP principles and sampling procedure in accordance with Codex and the same be made available to the States for their guidance. The statutory training for food inspectors for a period of three months should be conducted at the Central level for the sake of uniformity in approach and better exposure.

In response to the petition, the FSSAI has submitted an affidavit and another affidavit from the Maharashtra FDA would be submitted on August 2. FSSAI's affidavit reads that the petitioners are guilty of gross delay and latches in filing the present petition are not entitled for any relief and interim relief to the petitioner.

Further, the petitioner cannot seek a stay on legislation after more than five years the same was enacted. It is only in the most exceptional of cases that a preliminary legislation may be stayed. The present case does not fall within the said category of exceptional cases.

CAIT backs deadline extension; hopes FSSA becomes a more inclusive Act

On the eve of the original deadline for obtaining licences under the Food Safety and Standards Regulations, 2011 (August 5, 2012), the Confederation of All India Traders (CAIT) told via telephone that it considered the six-month extension (February 5, 2012) to the deadline, a step in the right direction.

“It has given us enough time to seek appointments with the concerned officials, and try to convince them that the Act should be more inclusive. For instance, the preceding regulations had no section pertaining to transporters, whereas FSSA stipulates that everybody engaged in the food and beverage industry directly or indirectly should be brought under the purview of the Act,” Praveen Khandelwal, secretary-general, CAIT, said.

“We have a number of food testing laboratories affiliated to the National Accreditation Board for Testing and Calibration Laboratories (NABL), but there is scope for many more. Inadequate infrastructure has always been a roadblock to the success of a campaign. Also, we wish more awareness is created in the minds of all stakeholders within the next six months,” he said.

Enforcement Machinery Is Not As Per Food Safety & Standards Rules 2011

Port Blair, Aug. 5: The Food Safety and Standards Act was passed in August 2006, and implemented from 5^th August 2011, but the implementation of the Act is being effectively derailed by Health department. The Act promises safe and wholesome food for the consumer of this country.

There is vacuum in the State Food Authority and enforcement machinery, as they cannot exercise their powers from 5^th August 2012 onwards.

Whether people have to file a Public Interest litigation to get them protected from unscrupulous Food Business People who are deceiving people by Food Adulteration and selling mis-branded food even after one year of the implementation of the Food Safety and Standards Act 2006?

Taking into consideration the serious food adulteration in whole of India, the central govt had enforced the act and rules with direction to establish State Food Authority from 5^th August 2011.

Presently the Health Department is overloaded with multiple tasks and not able concentrate on patients, therefore the Food Safety Authority of India wanted every state to establish an independent setup. For almost 20 years no food is being tested for quality and people of A&N Islands are still to be protected from greedy people who do deliberate food adulteration and misbranding.

It is learnt that in 2010 an OSD food Safety was appointed for food Safety but this OSD has no expertise and knowledge on legal matter, which is complicated even to be understood by legal professionals.

The Food Safety and Standards Rules 2011 which came into force on 5^th Augusts 2011; demands a Commissioner Food Safety who must not be below the Rank of Commissioner and Secretary to State Govt and no person can be appointed as Commissioner Food Safety who is below the Rank to Commissioner and Secretary to State Govt.

But before the rules were notified, the Administration appointed the Director Health Services as the Commissioner Food Safety as additional Charge. The appointment of the chief of the enforcement machinery appears to be wrong and is not in consistent with qualification rules. This has made all the notification and appointments made so far, of little value. In such case how can the Food Safety officer work?

The interpretation given is that pay of the DHS is above the Commissioner level and hence he is above the Rank of Commissioner and Secretary Health. There is also no whole time Designated Officer appointed, as per the Rules and no additional charge can be given after 4^th August 2012; the non-appointment of designated officer as per the Rules will create an empty space in the enforcement machinery.

Under the Health department there is no Food Analyst and public analyst for the past 20 years, so one can guess why there is so much of adulteration in tea and other food items. There is no mechanism to check hence no adulteration in our Islands, then why so many food inspectors are appointed? We see many reports recent one the Hallbol of Aajtak news channel on food Adulteration. How can we expect safe food when we have no setup to test the food?

With the present status of the food authority the govt neither can take any action on food adulteration nor can bring any effective regulation banning Gutka or other products that may affect human health. Nothing more can be expected from the unqualified State Food Safety Authority that can be easily challenged by the offenders, while being prosecuted.

It is duty bound for the Government to establish State Food Authority and enforcement machinery, which will meet the requirements of Food Safety and Standards Rules 2011 that will stand unchallenged.

However the SDMs of the District can issue conditional order under CRPC 133 prohibiting Adulterated Tea and such beverages containing Tea along with added colour, being used as Tea in Tea Stalls by deceiving consumer. The police can take action under sec 272 of IPC on food adulteration.

The police and the Food Safety officials needs to be directed to Check the whole sellers and the Trucks carrying Food items for door to door selling in the rural areas of south Andaman and the rural areas of N&M Andaman districts, without any food licence for transporting food.

These trucks carry cheap and adulterated Tea and beverages, out dated food products, sell it to uneducated village vendors, ghuties from where peasants and daily wage earners drink Tea and buy essential commodities.

Restauranters angry over FSSA demands

With the new Food Safety and Standards Act (FSSA), 2011 in place, restaurant owners want authorities to be encouraging, rather than discouraging them by making impractical demands. After the FSSA came in place, a restaurant owner who had applied for a licence received an improvement letter from the Food and Drug Authority (FDA) officials, who then inspected the restaurant. The letter, which was issued in June 2012, mentions 13 improvement points that the FDA wants the restaurant to follow. Guruprasad Shetty, Owner, Status in Lower Parel, said, "While a few of the FDA’s suggestions were good, there were a few impractical ones such as having registration details of the vendors we buy raw materials from. If a vendor is not registered, how can we be held responsible or asked to produce it in a month’s time?" Another impractical requirement, said Shetty, is maintaining the first in, first out (FIFO) procedure - a method of stock rotation wherein new supplies are shelved behind old supplies, so that the old supplies get used first. "FIFO is for raw food products, which applies only to five-star hotels, while small hotel owners like us shop for food products on a daily basis," he added, according to a DNA report. While food experts want both authorities and restaurateurs to come together for the sake of food safety, Ashwin Badri, Head (business relations), Equinox Lab, a food hygiene expert professional agency, said, "Food safety officers need training in conducting inspections and what needs to be looked after. Also, restaurant owners would need workshops so that they are clear about the law." About maintaining records, Badri said, "City restaurants already do 80 per cent of the work needed to maintain food safety and hygiene. Taking extra steps and getting documents will only give them an edge." According to the report, however, Mahesh Zagade, Commissioner, FDA said that the FSSA has a provision, which allows the hoteliers to appeal to the commissioner directly if he is not happy with the improvement letter. "If there is something that they feel is impractical, they can approach me. We have to improvise the law," he added. The improvement letter emphasised on maintaining documents on the food safety steps undertaken by the restaurant. These include details on when was the pest control carried out, records of raw material used, and other such data.

Food companies issued notices

The Commissioner of Food Safety has issued notices to four firms for violation of provisions of the Food Safety and Standards Act 2006, a press release informed on Saturday.

The firms Gemini Edibles and Fats Private Limited, Healthy Heart Foods, Hi-Tec Malto Max Foods of Himachal Pradesh, and Heinz India Private Limited, Mumbai, were issued notices allegedly for misleading advertisements about nutritional values in their food products.

False claims

The Gemini Edibles and Fats advertised about zero percent cholesterol in its Freedom Refined Sunflower Oil, while the Healthy Heart Foods claimed reduction of cholesterol through its Healthy Heart Refined Sunflower Oil. Hi-Tec Malto Max Foods claimed reduced cholesterol, improvement in digestion, low fat with stress relievers with ACTI lite, while Heinz India assured 34 vital nutrients, eight among them enriched in its Complan Memory, the press note said.

FDA License Mandatory

Food and Drugs Administration (FDA) has made it mandatory for all new restaurants and food establishments in the Nagpur, Bhandara, Wardha, Chandrapur and Gadchiroli district to obtain licence or registration. The FDA Joint Commissioner (Food), Nagpur Division, S G Annapure said that strict action will be initiated under the Food Safety and Standard Act, 2006 against those without license/registration. He clarified that an extension of six months has been given to modify the licenses and not for seeking new licenses.

இன்று சர்வதேச நட்பு தினம் : நட்பின் நாட்கள்... நண்பர்களின் ஞாபகங்கள்...

நட்பும் காதலைப் போன்றது தான். அழகு, அறிவு, அந்தஸ்து, பணம், பதவி, ஜாதி, மதம், இனம், மொழி வேறுபாடுகளைக் கடந்து, உள்ளத்தை மட்டும் நேசிக்கும் உயரிய பண்பு கொண்டது. சிலவகை நட்பு பால்ய பருவத்திலிருந்து தொடரும், சில நட்பு, பார்த்தவுடனே பல்லாண்டு பழகியதைப் போன்ற உணர்வைத் தரும். இன்னும் சிலவகை நட்பு முகம் அறியாமல், வாழ்க்கை முழுதும் தொடரும். நட்பிலும் சிறுசிறு சண்டை, ஊடல், கருத்து வேறுபாடுகள் உண்டு. அனைத்தையும் மறந்து மனதுக்குள் நட்பை நினைத்த மாத்திரத்தில், நண்பன் முகம் தெரிவது தான், சிறப்பு. எங்கோ ஒரு மூலையில் தொடர்பின்றி இருந்தாலும், பழைய குறும்புகளை அசைபோட்டு, அவ்வப்போது மனதுக்குள் சிரித்துக் கொள்ளும், இந்த நட்பிற்கு வானம் தான் எல்லை. இன்று சர்வதேச நட்பு தினம்.

மெல்லும் புகையிலை பொருட்களுக்கு தடை வருமா?

""உணவு பொருட்களில் நிக்கோடின் இருப்பதை தடுக்கும் வகையில் மற்ற மாநிலங்களை போன்று தமிழகத்திலும் மெல்லும் புகையிலை பொருட்களுக்கு தடை விதிக்க வேண்டும்,'' என்று, சமூக ஆர்வலர்கள் கோரிக்கை விடுத்துள்ளனர்.
புற்றுநோய் வரும் காரணங்களில் புகையிலைக்கு 70 சதவீதம் பங்குள்ளது.
இந்தியாவில் அதிகம்பேர் சிகரெட், பீடி மற்றும் மெல்லும் புகையிலை பொருட்களால் பாதிக்கப்படுகின்றனர். இவை, புற்றுநோயை கன்னம், நுரையீரல் மட்டுமின்றி, சிறுநீரகம், கணையம், சிறுநீர்ப்பை போன்றவற் றில் பாதிப்பை ஏற்படுத்துகின்றன.
இந்த பாதிப்பை தடுக்கும் வகையில் கோபா எனப்படும் புகையிலை கட்டுப்பாட்டு சட்டம் 2003ன் படி
மெல்லும் புகையிலை பொருட்களுக்கு தடை வருமா?

சிகரெட் உட்பட மெல்லும் புகையிலை பொருட்கள் மீது பல்வேறு கட்டுபாடுகள் விதிக்கபட்டன. ஆனால், இக்கட்டுபாடு இருந்தும் மத்திய அரசு முறையாக நடைமுறைபடுத்தவில்லை.
கடந்த 2008ல் மத்திய அரசு புகையிலை பொருட்கள் மீதுள்ள கட்டுப்பாடுகளை தீவிரமாக நடைமுறைபடுத்தியது. இந்நடவடிக்கையில் முதற்கட்டமாக பொது இடங்களில் புகை பிடிக்க தடை செய்யப்பட்டது. புகையிலை பொருட்கள் மீது அபாய குறியீடு பொறிக்க வேண்டும் உட்பட பல்வேறு கட்டுப்பாடுகளை மத்திய அரசு விதித்தது.
தடை
இந்நிலையில், உணவு பாதுகாப்பு மற்றும் மருந்து நிர்வாகத்துறை
(ஒழுங்கு முறைகள்) 2011 சட்டத்தின் 2,3,4, பிரிவின் படி உணவு பொருட்களில் நிக்கோடின் புகையிலை இருக்க கூடாது. இந்த, சட்டத்தின் அடிப்படையில் குட்கா, பான்பராக், ஹான்ஸ், ஜர்தா உள்ளிட்ட மெல்லும் புகையிலை பொருட்களை கேரளா, பீஹார், மத்திய பிரதேசம், மகாராஷ்டிரா, ஹரியானா, இமாச்சல பிரதேசம் ஆகிய மாநிலங்களில் தடை செய்துள்ளன. ஆனால், தமிழகத்தில் இந்த துறை நடவடிக்கை எடுக்காமல் உள்ளது.
புற்றுநோய் பாதிப்பை தடுக்கலாம்
இது குறித்து சமூக ஆர்வலர்கள் கூறியதாவது:
புகையிலை பொருட்கள் பயன்படுத்துவதால் சமீபகாலமாக இந்தியா முழுவதும் 42 லட்சம் பேர் பாதிக்கபட்டுள்ளனர்.
இந்நிலையில், இந்தியாவில் ஒரு சில மாநிலங்களில் நிக்கோடின் கலந்த மெல்லும் புகையிலை பொருட்களால் ஏற்படும் வாய் புற்றுநோய் தவிர்க்க அவற்றை விற்க தடை செய்துள்ளது வரவேற்கதக்கது. இதே போல தமிழகத்திலும் தடை செய்யும் பட்சத்தில் புற்றுநோய் பாதிப்பு ஏற்படாமல் தடுக்கலாம்.இவ்வாறு அவர் கூறினார்.

KUNGUMAM ARTICLE

Court refuses to stay food safety rules - THE HINDU

The Madras High Court has refused to stay the operation of various provisions of the Food Safety and Standards Act and its rules.
Justice V. Ramasubramanian dismissed a batch of miscellaneous petitions from Sakthi Masala Pvt. Ltd. and association of manufacturers and exporters of agricultural products.
Earlier, the court had granted an interim stay in respect of Section 31 (7) of the Act. Under the provision, a manufacturer who had a chain of distribution outlets throughout the State or throughout the country should obtain as many licences as the number of stores.
The Food Safety and Standards Authority of India filed a petition to vacate the stay.
What had been inserted in the provision was not something which was not already in existence. The requirement to obtain different licences had been in vogue for the past more than 30 years. In such circumstances, there was no question of issuing an order of injunction restraining the respondents from enforcing the provision, Mr. Justice Ramasubramanian said dismissing the petitions seeking injunction.

Confusion over deadline: Registration for food joints Health dept sticks to Aug 5 deadline

Amritsar, August 3
There is a confusion over the extension of deadline for traders, eating joints etc dealing in food products to register under the Food Safety and Standards Act.
While the Punjab Pradesh Beopar Mandal claim that the deadline has been extended by six months by the Food Safety and Standards Authority of India under the Ministry of Health and Family Welfare, the health department said the deadline of August 5 stands as it has not received any communiqué in the regard.
The traders had claimed that they have received a copy of the decision of the Food Safety and Standards Authority of India regarding the new deadline.
Importantly, the deadline for traders to get registered and to obtain licence has already been extended twice.
So far there has been a lukewarm response from the traders, manufacturers and others involved in food businesses to comply with the norms under the said Act.
Sources said the department has so far received only 700 applications from the food businesses. The instructions for registration were issued under the Food Safety and Standards Act 2006 which was implemented in the state on August 8, 2011.
Earlier, the businesses were given time till April 31 to register under the Act. But only 150 applicants submitted applications in this regard.
Till June end, only 400 businesses cared to abide by the instructions. Later, the department organised camps at various places to make the process easier for the traders.
However, representatives of the industry demanded another extension of deadline.
Civil Surgeon Dr Hardeep Singh Ghai said the deadline for getting registered or obtaining licences ends on August 5. He said it is mandatory for all traders whether big or small or involved at any stage of the business to get registered. He urged the traders to follow the instructions before the deadline ends.
Traders claim that the Food Safety and Standards Authority of India had extended the deadline by six months
The health department says it has not received any communiqué in the regard, and hence the deadline of August 5 stands

Know what you eat!

With the amendment of the Prevention of Food Adulteration (PFA), 1954, the newly formed, Food Safety and Standards Act 2006, makes it binding on all the eateries, dhabas, to obtain a license and register the eatery with the Food and Drug Administration Department.

Chandrashekhar Salunke, assistant commissioner, Food, FDA, Pune district, said, "All establishments are made mandatory to obtain license from FDA, only to function smoothly. This decision will curb and bring down the low quality of food and hygienic conditions while preparing will be maintained.”
“It is a good decision to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. Unfortunately actual regular inspection is not done from concerned authority. Mere imposing new regulation will not solve the hygiene problem. As we see generally same cloth is used to clean the utensils for long time in a day, the food cooked in the morning is served for the whole day or two etc. create hygiene problems. Encroachment, hotel parking problems will be solved at the initial stage only,” said Dinesh Hole, member, zonal railway committee.
While the owner of Rasoi Hut was aware of the new amendment, KC Chandak said, “The law was there but it was PMC’s food departments responsibility, it seems they have FDA looking into it directly. It is a good thing meaning all the encroachments will be off the road especially over night tapris which are serving unhygienic food. I will welcome any such new lciense and will happily apply for it whatever be the cost. It will not hamper my menu prices. I will immediately take it.”
Baibhaw Bibhu, an IT professional said, “There are certain measures that should be taken to keep a check on the food quality. However the officials fail to do the needful. Also the roadside eateries attract a lot of commuters despite of them being aware of the unhygienic surroundings.”

According to the act…
The Act says that all street food vendors with an annual turnover of less than Rs 12 lakh will have to obtain a certificate. Those having a turnover of over Rs 12 lakh will have to obtain a license. The licensing fee is Rs. 100 per year while registration fees are around Rs. 2000. The obtainer can apply for a license and registration for a period of Five years at once.

Eateries wash their hands of hygiene

It is commendable that Mumbai’s restaurateurs (okay, some of them) are willing to improve hygiene and food safety in their kitchens, thanks, among other things, to DNA’s cleanliness campaign. As one who eats out more often than not, I can’t but rejoice at their commitment.
But I have a grievance against public eateries (and rest rooms) of Mumbai. By eateries I mean not just restaurants but canteens/cafeterias at offices, cinemas, theatres, railway stations, and malls as well. Not just the kitchen and the seating space, even the wash basin area needs urgent attention. To be precise, four key aspects need to be improved.
Space: For goodness’ sake, make the wash basin bay spacious. Sure, space is at a premium in Mumbai, but it would be a fallacy to stretch this argument to wash basins. Tiny, cramped wash basin bays, smaller than aircraft toilets, are often found adjacent to the kitchen. It is plain disgusting because patrons have to brush against each other, or come into contact with slimy side-walls and surface areas, to access the water tap.

Soap: Has anyone ever seen a public eatery/toilet in Mumbai where good quality soap is dispensed? Usually, it is either a horribly cut tiny cake of cheap, hard soap or excessively diluted, hence ineffective, liquid soap that is on offer — that too in grimy plastic soap-holders or much-used dispensers. Don’t restaurants make enough money to afford good quality soap? A wash basin is meant to encourage and enable customers to be hygienic. Why cut corners and defeat the very purpose? This amusing, laughable and deplorable practice is rampant everywhere, including at top-end restaurants. It must end.
Cleanliness: The wash basins, water taps, surface areas, tiled walls, mirrors, etc, it appears, are not thoroughly cleaned and sanitised every day. And to think these dingy, damp potential health hazards are located in close proximity to kitchens at most eateries.
Aesthetics and maintenance: In developed countries, wash basin bays (and public toilets) are tidy, fragrant, well-designed and clean. They are used as an opportunity to make a statement about the local standard of living, the society’s attitude to life and community itself. Here in Mumbai, they serve as reminders of Third Worldliness. Typically, you will find some/all of the following at a public wash basin bay: leaking or dysfunctional water taps, cracked tiles, fading wall paint, dim lights, exposed masonry, stinking pipes, misty mirrors, dirty and wet towels, cobwebs and slippery floors.
Mumbai’s eateries can afford fancy CCTV systems alright, but why can’t they spend a little more on decent wash basin bays and improve the overall experience of their patrons? Wouldn’t it generate goodwill and loyalty which, in turn, could help restaurateurs in their pursuit of profit-maximisation?
In the context of unhygienic food leading to illness or death, a restaurateur is liable for a penalty of up to Rs10 lakh and a jail term of up to six years. But proving his/her guilt is not always easy. How exactly can one do this? I have no clue. I haven’t heard or read about any such sentencing so far either.
Maybe patrons should turn mobile-cam vigilantes and expose ugly, untidy premises? And highlight exceptionally clean eateries so as to inspire/shame others into following suit.

Hoteliers fume over FDA demands

With the new Food Safety and Standards Act (FSSA), 2011 in place, restaurant owners want authorities to be encouraging, rather than discouraging them by making impractical demands.
After the FSSA came in place, a restaurant owner who had applied for a license received an improvement letter from the Food and Drug Authority (FDA) officials, who then inspected the restaurant.
The letter, which was issued in June, mentions 13 improvement points that the FDA wants the restaurant to follow.
Guruprasad Shetty, owner of the restaurant Status in Lower Parel, said, “While a few of the FDA’s suggestions were good, there were a few impractical ones such as having registration details of the vendors we buy raw materials from. If a vendor is not registered, how can we be held responsible or asked to produce it in a month’s time?”
Another impractical requirement, said Shetty, is maintaining the first in, first out (FIFO) procedure—a method of stock rotation wherein new supplies are shelved behind old supplies, so that the old supplies get used first. “FIFO is for raw food products applies only to five-star hotels, while small hotel owners like us shop for food products on a daily basis,” he added.
While food experts want both authorities and restaurateurs to come together for the sake of food safety, Ashwin Badri, head (business relations), Equinox Lab, a food hygiene expert professional agency, said, “Food safety officers need training in conducting inspections and what needs to be looked after. Also, restaurant owners would need workshops so that they are clear about the law.”
About maintaining records, Badri said, “City restaurants already do 80% of the work needed to maintain food safety and hygiene. Taking extra steps and getting documents will only give them an edge.”
However, FDA commissioner Mahesh Zagade said that the FSSA has a provision which allows the hotelier to appeal to the commissioner directly if he is not happy with the improvement letter. “If there is something that they feel is impractical, they can approach me. We have to improvise the law,” he added.
The improvement letter emphasised on maintaining documents on the food safety steps undertaken by the restaurant . These include details on when was the pest control carried out, records of raw material used, and other such data.

Stay on Food Safety Act vacated

 

An interim order passed in November 8 last year staying the operation of Section 31(7) of the Food Safety and Standards Act, 2006, was vacated by the Madras High Court on Friday.
Justice V Ramasubramanian vacated the stay after hearing the arguments of R Suresh Kumar, the counsel for Food Safety and Standards Authorities of India (FSSAI). Sec 31(7) stipulated that if the food was manufactured, stored, sold or exhibited for sale at different premises, separate applications should be made and separate licenses should be issued.
Originally, while entertaining a batch of writ petitions from Sakthi Masala and others challenging certain provisions of Food Safety and Standards Act, 2006 and Rules, 2011, Justice N Paul Vasanthakumar had stayed the operation of 31(7) alone. Aggrieved, the FSSAI filed petitions to vacate the stay. Vacating the stay, Justice Ramasubramanian said what was under sub-section (7) of Sec. 31 was not something which was not already in existence.

உணவு பாதுகாப்பு விதிமுறைகள் தடையை நீக்கி ஐகோர்ட் உத்தரவு

சென்னை: உணவுப் பாதுகாப்பு மற்றும் தர ஆணையம் பிறப்பித்த விதிமுறைகளை அமல்படுத்த விதிக்கப்பட்டிருந்த தடையை, சென்னை ஐகோர்ட் நீக்கியது.

உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டம், 2006ம் ஆண்டு கொண்டு வரப்பட்டது. இந்தச் சட்டத்தை அமல்படுத்த, பல விதிமுறைகளை உணவுப் பாதுகாப்பு மற்றும் தர ஆணையம் வகுத்தது. ஓட்டல், உணவு விடுதிகள் என, உணவு வர்த்தகத்தில் ஈடுபட்டிருப்பவர்கள், உரிய அதிகாரியிடம் உரிமம் பெற வேண்டும், உணவுப் பொருட்களை பேக்கிங் செய்து லேபிள் ஒட்டி விற்க வேண்டும், உணவுப் பொருள் உற்பத்தி நிறுவனங்கள், பரிசோதனைக் கூடங்களில் உணவு மாதிரியை சோதிக்க வேண்டும் என, பல்வேறு விதிகள் வகுக்கப்பட்டன.

தடை
இந்த விதிமுறைகளை எதிர்த்து, சென்னை ஐகோர்ட்டில் தமிழ்நாடு உணவு விற்பனையாளர்கள் நலச் சங்கம் மனு தாக்கல் செய்தது. விதிமுறைகளுக்கு தடை விதிக்கவும் கோரப்பட்டது. மனுக்களை விசாரித்த ஐகோர்ட், விதிமுறைகளை அமல்படுத்த இடைக்காலத் தடை விதித்தது. தடை உத்தரவை நீக்கக் கோரி, உணவுப் பாதுகாப்பு மற்றும் தர ஆணையத்தின் வழக்கறிஞர் ஆர்.சுரேஷ்குமார், ஐகோர்ட்டில் மனு தாக்கல் செய்தார். மனுவை, நீதிபதி ராமசுப்ரமணியம் விசாரித்தார். ஆணையம் வகுத்த விதிமுறைகள், பார்லிமென்டின் இரு சபையிலும் தாக்கல் செய்யப்பட்டு, அவற்றுக்கு ஒப்புதல் வழங்கப்பட்டுள்ளது என, ஆணையத்தின் வழக்கறிஞர் ஆர்.சுரேஷ்குமார் வாதாடினார்.

மனுவை விசாரித்த நீதிபதி ராமசுப்ரமணியன் பிறப்பித்த உத்தரவு: ஏற்கனவே, 1955ம் ஆண்டு முதல் இருக்கும் விதிமுறைகளை தான் இந்தப் புதிய விதிமுறைகளிலும் கையாண்டுள்ளனர். உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டம், விதிமுறைகளை அமல்படுத்துவதை சுப்ரீம் கோர்ட் கண்காணித்து வருகிறது. இந்தச் சட்ட விதிகளை அமல்படுத்தாததற்காகவும், விதிமுறைகளை அறிவிக்காததற்காகவும், ஒரு கட்டத்தில் அதிகாரிகளை சுப்ரீம் கோர்ட் கண்டித்துள்ளது.

சட்டப் பிரிவுகள் மற்றும் விதிமுறைகள் குறித்த உத்தரவுகள், சுப்ரீம் கோர்ட் உத்தரவினால் தான் வந்துள்ளது. இந்தச் சூழ்நிலையில், விதிமுறைகளை அமல்படுத்துவதற்கு தடை விதிக்கக் கூடாது. சட்டத்தை ஏன் அமல்படுத்தவில்லை என, ஒரு கோர்ட் கேள்வி கேட்கும் போது, சட்டத்துக்கு மற்றொரு கோர்ட் தடை விதிப்பது என்பது முரண்பாடாக இருக்கும். எனவே, இடைக்காலத் தடை கோரிய மனுக்கள் தள்ளுபடி செய்யப்படுகின்றன. தடை நீக்கப்படுகிறது. இந்த உத்தரவில் கூறப்பட்டுள்ள காரணங்கள் எல்லாம், வழக்கின் இறுதி விசாரணையின் போது முன்வைக்கப்படும் வாதங்களுக்கு பாதிப்பை ஏற்படுத்தாது. இவ்வாறு, நீதிபதி ராமசுப்ரமணியன் உத்தரவிட்டுள்ளார்.

சக்தி மசாலா நிறுவனம் மற்றும் விவசாயப் பொருட்கள் உற்பத்தியாளர்கள் மற்றும் ஏற்றுமதியாளர்கள் சங்கம் சார்பில், உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டப் பிரிவுகளை எதிர்த்து, மனுக்கள் தாக்கல் செய்யப்பட்டன. சட்டத்தில் குறிப்பிட்ட பிரிவு 31(7) க்கு மட்டும் ஐகோர்ட் தடை விதித்திருந்தது. உணவு வர்த்தகத்தில் உள்ளவர்கள் உரிமம் பெற வேண்டும் மற்றும் பதிவு செய்திருக்க வேண்டும் என, இந்தப் பிரிவு வலியுறுத்துகிறது.

இந்த தடையையும் நீக்கக் கோரி, ஆணையத்தின் சார்பில் வழக்கறிஞர் ஆர்.சுரேஷ்குமார் மனு தாக்கல் செய்தார். மனுவை விசாரித்த நீதிபதி ராமசுப்ரமணியன், "இது ஒன்றும் புதிய பிரிவு அல்ல. வெவ்வேறு பகுதிகளுக்கு வெவ்வேறு உரிமம் பெற வேண்டும் என்பது, 30 ஆண்டுகளாக நடைமுறையில் உள்ளது. எனவே, இந்தப் பிரிவுக்கு தடை விதிக்க வேண்டியதில்லை. தடை நீக்கப்படுகிறது' என கூறியுள்ளார்.

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Þ‰î ñ¬õ Mê£Kˆî cFðF, àí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ìˆ¬î Üñ™ð´ˆî à¼õ£‚èŠð†ì MFº¬øèÀ‚° î¬ì MFˆ¶ 30.5.2012 Ü¡Á àˆîóM†ì£˜. Þ¬îò´ˆ¶, Þ‰î î¬ì¬ò c‚è‚«è£K ªê¡¬ù ä«è£˜†®™ àí¾ ð£¶è£Š¹ ñŸÁ‹ îó‹ G˜íò‹ ݬíò‹ ꣘H™ ñÂ î£‚è™ ªêŒòŠð†ì¶.
Þ¼ ܬõèœ åŠ¹î™
Þ‰î ñÂ‚èœ â™ô£‹ cFðF M.ó£ñ²ŠóñEò‹ º¡¹ Mê£ó¬í‚° õ‰î¶. ÜŠ«ð£¶, àí¾ ð£¶è£Š¹ ñŸÁ‹ îó‹ G˜íò‹ ݬíòˆF¡ ꣘H™ õ‚W™ ݘ.²«ów°ñ£˜ Ýüó£A, ÔÞ‰î ¹Fò MFº¬øè¬÷ «ô£‚êð£ ñŸÁ‹ ó£xò êð£M™ î£‚è™ ªêŒ¶, Þ¼ ܬõèO½‹ åŠ¹î™ ªðŸø H¡ù«ó Üñ™ð´ˆîŠð†ì¶. ÞF™ â‰î îõÁ‹ Þ™¬ôÕ â¡Á õ£î‹ ªêŒî£˜.
Þ¬îò´ˆ¶ cFðF HøŠHˆî àˆîóM™ ÃPJ¼Šðî£õ¶:&
àí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ìˆ¬î»‹, ܬî Üñ™ð´ˆ¶õîŸè£è à¼õ£‚èŠð†ì MFº¬øè¬÷»‹ ²Šg‹ «è£˜†´ è‡è£Eˆ¶ õ¼Aø¶.
å¼ è†ìˆF™, Þ‰î ê†ìˆ¬î Þ¶õ¬ó ã¡ Üñ™ð´ˆîM™¬ô â¡Á ñˆFò Üó² ÜFè£Kè¬÷ ²Šg‹ «è£˜†´ 臮ˆ¶œ÷¶.
î¬ì c‚è‹
Þ‰î ê†ìˆ¬î»‹, MFº¬øè¬÷»‹ ²Šg‹ «è£˜†´ àˆîó¾ð®î£¡ ªè£‡´õóŠð†´œ÷¶. âù«õ Þ‰î MFº¬øè¬÷ Üñ™ð´ˆî î¬ì MFˆî£™, ܶ êKò£è Þ¼‚裶.
å¼ «è£˜†´ àí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ìˆ¬î ã¡ Üñ™ð´ˆîM™¬ô â¡Á «èœM â¿Š¹õ¶‹, ñŸªø£¼ «è£˜†´ ܉î ê†ìˆ¬î Üñ™ð´ˆ¶õ î¬ì MFŠð¶‹ ºó‡ð£´ ãŸð´‹.
âù«õ Þ‰î ê†ì MFº¬øè¬÷ Üñ™ð´ˆî MF‚èŠð†ì î¬ì¬ò c‚è‹ ªêŒA«ø¡.
Þšõ£Á ÜF™ ÃøŠð†´œ÷¶.
ê†ìˆ¶‚° î¬ì
Ü«î«ð£ô, àí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ìˆ¬î âF˜ˆ¶ ê‚F ñê£ô£, Mõê£ò ªð£¼œ àŸðˆFò£÷˜ ñŸÁ‹ ãŸÁñFò£÷˜ êƒè‹ ÝA«ò£˜ õö‚° ªî£ì˜‰îù˜.
܉î õö‚° ñÂM™, Ôàí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ì‹ HK¾ 31(7)¡ ð®, àí¾ àŸðˆF ªêŒõ àKñ‹ ñŸÁ‹ ðF¾ ªêŒò£ñ™ ªî£N™ ªêŒò‚Ã죶. «õš«õÁ ÞìƒèO™ ªî£N™ ªêŒî£™, ܉î ÞìƒèO½‹ àKñ‹ ªðø«õ‡´‹ â¡Á ñˆFò Üó² ÃP»œ÷¶. Þ‰î HK¬õ óˆ¶ ªêŒò«õ‡´‹. HK¾‚° î¬ì MF‚è«õ‡´‹‘ â¡Á ÃPJ¼‰îù˜. Þ‰î HK¾‚° ªê¡¬ù ä«è£˜†´ ãŸèù«õ î¬ì MFˆ¶ Þ¼‰î¶.
¹Fò ê†ì‹ Þ™¬ô
Þ‰î î¬ì¬ò c‚è‚«è£K àí¾ ð£¶è£Š¹ ñŸÁ‹ îó‹ G˜íò‹ ݬíò‹ ñÂ î£‚è™ ªêŒî¶.
Þ‰î ñ¬õ Mê£Kˆî cFðF M.ó£ñ²ŠHóñEò¡, Ôàí¾ ð£¶è£Š¹ ñŸÁ‹ îó„ê†ì‹ HK¾ 31(7) èì‰î 30 ݇´è÷£è ÜñL™ àœ÷¶. àí¾ ªð£¼œ àŸðˆF ñŸÁ‹ MŸð¬ù ªêŒõ ¬ôê¡v ªðø«õ‡´‹ â¡ø MFº¬ø 1981&‹ ݇´ ºî™ àœ÷¶. Þ¶ ¹Fò ê†ì‹ â¡Á Ãø º®ò£¶. âù«õ Þ‰î MFº¬ø‚° MF‚èŠð†ì î¬ì¬ò c‚èŠð´Aø¶Õ â¡Á àˆîóM†ì£˜.