Aug 15, 2012
12 tips for safe eating while traveling
Safer eating while traveling
Whether you're at home or on the road, it's important to take care of your health. Since traveling can bring you into contact with many things that your body isn't used to, it's easier to get sick. In fact, more than 10 million overseas travelers fall ill with diarrhea and other sicknesses each year from drinking water and food according to the U.S. Centers for Disease Control and Prevention (CDC).
To help protect you from food poisoning when traveling this summer, practice the following safe-food handling and eating tips:
1. Be aware of who is handling the food. Avoid establishments where the food handlers don’t practice good hygiene such as tying back their hair, wearing protective gloves and having clean hands and fingernails. If you see food servers touching their face, smoking, chewing gum, or sneezing or coughing near food, avoid purchasing food from that vendor.
2. Look for crowds. When surveying the street food scene in any location, look for crowds — locals get sick, too, and won’t return to stalls suspected of serving unsafe food, so if there’s a crowd, it’s usually a safer choice to make.
3. Be selective when choosing foods. Since raw food is subject to contamination, travelers should try to avoid salads, uncooked vegetables and unpasteurized juices and milk products. Dry foods such as cakes, cookies, and bread are safer options.
4. Spice things up. Become familiar with spices, such as chilies and turmeric, that is known to have anti-bacterial properties and seek out dishes that include them. Acidic fruits, such as citrus fruits and pineapple, are also safer bets when traveling.
5. Boil tap water before consuming. If you need to use tap water from an unknown source, be sure to boil it for several minutes first at a good rolling boil. Also, avoid consuming beverages that may be mixed with the local tap water supply, such as juices or sodas from sources such as fountain machines or beverages containing ice, since freezing does not kill most microorganisms. Beverages made with boiled water and served steaming hot (such as tea and coffee) are generally safe to drink
6. Not all bottled water is safe. Bottled water products in other countries can be impure or even counterfeit (i.e., refilled from a local tap source), so always check the seal to ensure it is intact.
7. Avoid over-handled foods. Avoid foods that require a lot of handling before serving or that contain raw or undercooked meat or seafood. In most cases, foods that are boiled should be safe to consume.
8. Wash vegetables and fruit prior to eating. If you purchase fresh produce from a roadside stand be sure to wash and peel them before eating. Bacteria can be present on their exterior and even when sliced can be carried into the edible section. If you’re traveling in an area with unsafe water, be sure to wash the produce with bottled or filtered water.
9. Eat hot foods hot, and cold foods cold. If the dish you ordered is supposed to be served hot, make sure it is hot when it is served to you. The same is true for any foods that are intended to be served cold. Otherwise, it may not be safe to eat.
10. Remember the one-hour rule. Don’t consume any perishable foods that have been sitting out beyond one hour when the temperature is higher than 90° degrees F.
11. Wash hands before eating or handling food. Wash your hands with soap and water for at least 20 seconds before eating or handling food. If fresh water is scarce, use antibacterial hand gels or wipes to help keep your hands clean, especially after using a restroom and before eating.
12. Sanitize "high touch" areas. Germs linger longer on nonporous materials like plastic. When traveling via plane, train or bus, wipe down common surface areas such as tray tables, seat armrests, lavatory door handles with an alcohol-based wipe or gel before you use them. If you’re staying at a hotel, do the same for the TV remote controls, bathroom door handles and telephone.
Aug 14, 2012
Dish dangerous
The report added staff at Indian establishments “just couldn’t understand the language and were unaware of food laws”. That was two years back, in another country. On August 10, the horror was closer to home. The show-cause notices issued last week to Mainland China and Pulla Reddy sweet shop at Somajiguda for not maintaining hygiene surprised many. “It was a case of cooked meat lying around for a long time and instances of severe hygiene worries,” says L. Vandan Kumar, additional commissioner (health and sanitation).
Inspection of eateries are a routine affair and all restaurants have to undergo them. While conducting raids, officials take into consideration aspects like water availability, storage of food, washing area, etc. “During the raid, it came to light that the washing area and the place for cooking were not up to the mark. The food available at that time was also two days old. So we disposed it and served them a notice,” says chief medical officer Shalini Devi.
Mainland China, on the other hand, maintains that “it was not a surprise raid but a monthly check that took place at 11 o’clock in the morning, before the restaurant starts its business”. G. Pulla Reddy was unavailable for comment. “The tricky part about food poisoning is that you can fall sick after eating food at home, at the road side and even at a five-star hotel,” says Harold Robin, hygiene manager for Park Hyatt. “You’ll fall sick only after two-three days after eating spoiled food.”
With an internal laboratory located at the hotel, it’s Harold’s duty to supervise and ensure that food and safety system is duly implemented. “I check the restaurants every day and when there is a supervising body, the chances of going wrong are less,” he says. About his views on whether restaurants should have CCTV cameras in the kitchen area, he says, “I don’t feel that CCTV cameras are required at all. Only when the restaurants are not following the rules, can you think of such a concept.”
“Restaurants are supposed to follow Food Safety and Standard Act, 2009 as these are the standard guidelines. We also follow the Food Safety Modernisation Act, these are international guidelines,” he adds.
A recurrent complaint against restaurants is that of recycling stale food. “It’s mostly about planning how much business you’ll have in a day. We make sure there is stock rotation and we purchase everything fresh. Plus, we don’t serve buffets as a lot of wastage takes place in that concept and the chances of food getting stale are very high,” he says. And what if after all this there is still some food leftover? “Well, we’ll have to throw it away then.”
SAFETY POINTERS
* A person suffering from skin diseases or even a cold should not be allowed to serve
* Cases of suspicion too can be brought to the attention of authorities
* You may need to submit “sealed” and “signed” samples, signed in the presence of witnesses
* If just one person is affected, instead of a few, it cannot be termed food poisoning
For more information log onto www.fssai.gov.in
Food safety: Toll-free number a huge hit
The toll-free number 1800 425 1125 at the office of the Commissioner of Food Safety is a huge hit. Just four weeks after its introduction, as many as 871 people have registered complaints through the service. Most of the complaints are against hotels. The service, which is available from 9 a.m. to 6 p.m., is receiving calls from across the state.
The office of Food Safety Commissioner, a lesser-known department till recently, started hitting headlines just after the death of Sachin Roy Mathew, allegedly after consuming an Arabian dish ‘Shawarma’.
The office of Food Safety Commissioner launched the toll-free number on July 18, a week after the death of Sachin. The Commissioner has recently issued a directive to all hotels and eating establishments to flaunt the toll-free number at the counter. An employee at the toll-free service will record the name and address of the complainant.
“Most of the complaints are against the eateries. Some call to file complaints against adulteration in packet foods. After registration, the complaints will be emailed to the Food Safety Officers in the respective districts,” said Prasanth, an the employee at the Food Safety Commission. Asked about the number of cases taken up by the Commission, he said that they were yet to sort out the number of such cases.
“The Food Safety officers were busy conducting inspections in hotels. District offices will send details of probe to the head office,” he said. Reason behind Death Unclear
The office of Food Safety Commissioner is yet to ascertain the real cause of death of Sachin. Anil Kumar, joint commissioner of Food Safety, said that they were yet to receive the post-mortem report and chemical analysis report. “Hopefully, we will get the report in a week,” he said.
On the same day of the death of Sachin, almost 10 people here had been hospitalised owing to food poison. However, the authorities are yet to come out with an authentic report on the real cause of death, he said.
The office of Food Safety Commissioner, a lesser-known department till recently, started hitting headlines just after the death of Sachin Roy Mathew, allegedly after consuming an Arabian dish ‘Shawarma’.
The office of Food Safety Commissioner launched the toll-free number on July 18, a week after the death of Sachin. The Commissioner has recently issued a directive to all hotels and eating establishments to flaunt the toll-free number at the counter. An employee at the toll-free service will record the name and address of the complainant.
“Most of the complaints are against the eateries. Some call to file complaints against adulteration in packet foods. After registration, the complaints will be emailed to the Food Safety Officers in the respective districts,” said Prasanth, an the employee at the Food Safety Commission. Asked about the number of cases taken up by the Commission, he said that they were yet to sort out the number of such cases.
“The Food Safety officers were busy conducting inspections in hotels. District offices will send details of probe to the head office,” he said. Reason behind Death Unclear
The office of Food Safety Commissioner is yet to ascertain the real cause of death of Sachin. Anil Kumar, joint commissioner of Food Safety, said that they were yet to receive the post-mortem report and chemical analysis report. “Hopefully, we will get the report in a week,” he said.
On the same day of the death of Sachin, almost 10 people here had been hospitalised owing to food poison. However, the authorities are yet to come out with an authentic report on the real cause of death, he said.
Anti-tobacco groups demand ban on gutka sale in the Capital
‘We have brought in stringent laws to check smoking in public places’
Members of various non-government organisations working in the area of tobacco control have demanded that Delhi too join the various States across the country and ban gutka/smokless tobacco products sale in the Capital which will have a direct health benefit for over 10 lakh gutka users specially youngsters.
Voluntary Health Association of India executive director Bhavna Mukhopadhyay said: “We have met with the Delhi Chief Minister on Monday and asked her to consider the ban. Taking into account the health hazards related to chewing tobacco, which causes mouth, throat cancer at early years, eight States --Madhya Pradesh, Kerala, Bihar, Maharashtra, Rajasthan, Haryana, Jharkhand and Chattisgarh--have recently banned gutka, and pan masala.’’ These States have banned the sale, manufacture and distribution of gutka, khaini , pan masala containing tobacco, based on the regulation issued on 1 August 2011 by the Food Safety and Standards Authority of India (FSSAI).
Ms. Mukhopadhyay added that by banning gutka, the State Government in the eight States has demonstrated tremendous commitment towards safe guarding the health of people of India and protecting the masses, especially the youth from the growing menace of tobacco addiction.
The Association has now requested that the Delhi Government should also implement the ban on gutka sale in larger interest of younger generation who is falling prey to the tobacco menace and suffer premature death.
Delhi Health Minister Dr. A.K. Walia said: “The matter is under consideration and we have brought in stringent laws about smoking in public places. As for banning sale of smokeless tobacco products we still have to get this proposal cleared in the Cabinet and only then can this issue move forward.’’
India has the highest number of oral cancer in the world with over 75, 000 new cases of oral cancers a year. Gutka and other forms of chewing tobacco sold in small pouches across the country has become a very serious health hazard.
“Since gutka and pan masala are marketed as mouth fresheners, its habit starts at a very young age. Due to its flavoured taste, easy availability and low price, it is popular among children, youth and women. Gutka use is becoming an alternative choice in India as our social mores do not permit children or women to smoke cigarettes,’’ noted a release issued by the Association.
Gutka may be banned in City
Law dept okays proposal blessed by CM
There is bad news in the offing for tobacco chewers in the national capital. Taking the cue from several states that have already banned the product, the Delhi government is now working towards imposing a complete ban on the sale and distribution of chewable tobacco – gutka – in the city.
After a go-ahead from the law department, which looked into the legality involved so that the decision to ban cannot be later challenged in the court, the food safety department of the government is preparing a detailed proposal for Chief Minister Sheila Dikshit’s consideration.
The ban will be imposed after securing her approval and that of the Cabinet. According to a reliable source in the Delhi Secretariat, the move already has Dikshit’s blessings.
In mid-July, the food safety department had sought the law department’s opinion on the issue. The latter has now given its green signal, according to a senior official of the food safety department.
“After some tobacco associations challenged the decision to ban tobacco products in some states, we thought it prudent to make the ban in Delhi difficult to challenge in courts. The law department believes that there should be no problem in going ahead with the plan and government is well within its limits to impose the ban in this regard,” revealed the official, adding that not only will the sale and distribution of gutka be banned, but also its storage and manufacture within the city limits.
Ban duration
As per clause 30 (2) of the Food Safety and Standards Act, 2006, the government can ban any product which is bad for health. “According to the Act, we can impose a ban for the duration of one year at time. However, it can be extended after each year,” clarified the official.
Madhya Pradesh, Kerala, Maharashtra, Bihar, Rajasthan and Goa have already banned the tobacco product under their respective public health laws. Recently, elders in Sarfabad village (Noida), about 20 km from national capital, banned gutka in their village where youngsters were becoming addicted to the products.
“Anybody who is caught selling gutka in the village will have to pay a fine of Rs 1,000 to the village panchayat while anyone found eating it will be punished by Rs 500 penalty,” said Vijay Yadav, a village resident.
There is bad news in the offing for tobacco chewers in the national capital. Taking the cue from several states that have already banned the product, the Delhi government is now working towards imposing a complete ban on the sale and distribution of chewable tobacco – gutka – in the city.
After a go-ahead from the law department, which looked into the legality involved so that the decision to ban cannot be later challenged in the court, the food safety department of the government is preparing a detailed proposal for Chief Minister Sheila Dikshit’s consideration.
The ban will be imposed after securing her approval and that of the Cabinet. According to a reliable source in the Delhi Secretariat, the move already has Dikshit’s blessings.
In mid-July, the food safety department had sought the law department’s opinion on the issue. The latter has now given its green signal, according to a senior official of the food safety department.
“After some tobacco associations challenged the decision to ban tobacco products in some states, we thought it prudent to make the ban in Delhi difficult to challenge in courts. The law department believes that there should be no problem in going ahead with the plan and government is well within its limits to impose the ban in this regard,” revealed the official, adding that not only will the sale and distribution of gutka be banned, but also its storage and manufacture within the city limits.
Ban duration
As per clause 30 (2) of the Food Safety and Standards Act, 2006, the government can ban any product which is bad for health. “According to the Act, we can impose a ban for the duration of one year at time. However, it can be extended after each year,” clarified the official.
Madhya Pradesh, Kerala, Maharashtra, Bihar, Rajasthan and Goa have already banned the tobacco product under their respective public health laws. Recently, elders in Sarfabad village (Noida), about 20 km from national capital, banned gutka in their village where youngsters were becoming addicted to the products.
“Anybody who is caught selling gutka in the village will have to pay a fine of Rs 1,000 to the village panchayat while anyone found eating it will be punished by Rs 500 penalty,” said Vijay Yadav, a village resident.
Few takers for food safety authorities’ registration drive?
The registration drive by the apex food regulator, the Food Safety Standard Authority of India, to regulate food industry under the new food regulation has remained a non-starter.
Just around 23 lakh out of five crore food business operators in the country have enrolled under the legislation in the last one year. Also, only around two lakh food licenses have been issued so far against the target of 50 lakh. This has compelled the FSSAI to extend its registration and license drive by six more months.
As per the FSSAI regulations of 2011, all the food business operators including small-time food vendors have to be registered with the local authorities. Those having annually turnover of above Rs 11 lakh have to procure food license to operate their services in the absence of which their business would become illegal.
The registration and license of the food operators ended on August 4. One of the objectives of the enforcement is to ensure that registration/ licensing provisions are fulfilled and food items are safe, hygienic, wholesome and free of contaminants. However, FSSAI officials are not too happy with the response.
In many States, food business operators are opposing the new regulations and have termed them impractical. The food officials admit that majority of the States do not have adequate manpower as well as monetary resources to move to the new food regime.
“No wonder that States like Uttar Pradesh, Orissa, Assam, Goa and Gujarat beside Northeastern states including Assam, Manipur and Meghalaya did not even bother to attend the crucial meeting of the Central Advisory Committee of the Authority held mid-last month to review the progress of the registration process and State’s preparedness,” the official said.
Same was the case with the Union Territories like Andaman & Nicobar Island, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep. They also did not attend the meet.
While Bihar is yet to create a separate department of food safety, Chandigarh has set up the Food Safety Appellate Tribunal, but not appointed its presiding officer.
No laboratory is functioning in Jharkhand as no food analyst has been notified while Kerala is yet to notify adjudication officer and establish Appellate Tribunal so far.
However, Rajasthan has appointed food safety commissioner while additional district magistrate has been notified as Adjudicating Officer for 33 Districts.
The amended FSSAI Act was notified last year and food business operators were given one year time to apply for conversion/renewal of registration/licence.
Those in the food supply chain who have to obtain the license include food importers, hotels, restaurants, clubs/canteens, caterers, transporters, storage establishments, processing units.
Just around 23 lakh out of five crore food business operators in the country have enrolled under the legislation in the last one year. Also, only around two lakh food licenses have been issued so far against the target of 50 lakh. This has compelled the FSSAI to extend its registration and license drive by six more months.
As per the FSSAI regulations of 2011, all the food business operators including small-time food vendors have to be registered with the local authorities. Those having annually turnover of above Rs 11 lakh have to procure food license to operate their services in the absence of which their business would become illegal.
The registration and license of the food operators ended on August 4. One of the objectives of the enforcement is to ensure that registration/ licensing provisions are fulfilled and food items are safe, hygienic, wholesome and free of contaminants. However, FSSAI officials are not too happy with the response.
In many States, food business operators are opposing the new regulations and have termed them impractical. The food officials admit that majority of the States do not have adequate manpower as well as monetary resources to move to the new food regime.
“No wonder that States like Uttar Pradesh, Orissa, Assam, Goa and Gujarat beside Northeastern states including Assam, Manipur and Meghalaya did not even bother to attend the crucial meeting of the Central Advisory Committee of the Authority held mid-last month to review the progress of the registration process and State’s preparedness,” the official said.
Same was the case with the Union Territories like Andaman & Nicobar Island, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep. They also did not attend the meet.
While Bihar is yet to create a separate department of food safety, Chandigarh has set up the Food Safety Appellate Tribunal, but not appointed its presiding officer.
No laboratory is functioning in Jharkhand as no food analyst has been notified while Kerala is yet to notify adjudication officer and establish Appellate Tribunal so far.
However, Rajasthan has appointed food safety commissioner while additional district magistrate has been notified as Adjudicating Officer for 33 Districts.
The amended FSSAI Act was notified last year and food business operators were given one year time to apply for conversion/renewal of registration/licence.
Those in the food supply chain who have to obtain the license include food importers, hotels, restaurants, clubs/canteens, caterers, transporters, storage establishments, processing units.
Aug 10, 2012
BCC, BIA welcome deadline extension
PATNA: The Bihar Chamber of Commerce (BCC) and Bihar Industries Association (BIA) on Thursday expressed satisfaction over the decision of the Union government to extend by six months the deadline for registration and procurement of licenses by the manufacturers, suppliers and other operators in food supply chain under the provisions of Food Safety and Security Act (FSSA). Earlier, the Centre had fixed August 4, 2012, as the last date of registration and getting license.
BCC president O P Sah said the six months' extension was imperative as the FSSA and its regulations were quite complicated. The FSSA came into force from 2006, the year when it was enacted by the parliament, but its regulations were framed in 2011. Hence, there was need to create proper awareness about this among the stakeholders.
Sah suggested the food safety commissioner should organize awareness programmes to educate those in the food business about the pros and con of the FSSA and its regulation for proper compliance of the new law. The state government's department tasked with enforcing food safety and standard provisions of the Act should hold registration camps in different cities and at district level to issue licenses under the FSSA. He also urged the businessmen to come forward and get their enterprises registered.
BCC president O P Sah said the six months' extension was imperative as the FSSA and its regulations were quite complicated. The FSSA came into force from 2006, the year when it was enacted by the parliament, but its regulations were framed in 2011. Hence, there was need to create proper awareness about this among the stakeholders.
Sah suggested the food safety commissioner should organize awareness programmes to educate those in the food business about the pros and con of the FSSA and its regulation for proper compliance of the new law. The state government's department tasked with enforcing food safety and standard provisions of the Act should hold registration camps in different cities and at district level to issue licenses under the FSSA. He also urged the businessmen to come forward and get their enterprises registered.
BIA president K P S Keshri said the six months' extension was necessary as gradual compliance with the FSSA and its regulations would enable a large number of enterprises and people involved in the food supply chain to get themselves registered and also get license. He said even the six months' extra time would not be sufficient if all the enterprises concerned do not hurry up to get their units registered. The BIA had recently organized a workshop in this regard.
Proper tests not done before giving nod to Bt Brinjal: Parliamentary Panel
NEW DELHI: A parliamentary panel has recommended a thorough probe into the controversy surrounding Bt Brinjal and indicated the approval committee was under tremendous pressure from the "industry and a minister" and did not conduct requisite tests properly before granting approval for introduction.
The 31-member parliamentary standing committee on agriculture tabled its report in Parliament on 'cultivation of genetically modified food crops - prospects and effects' on Thursday. The 492-page exhaustive report on the issue has rejected the idea of genetically modified food crops for India, punching holes in the theory of an urgent need to increase food production through bio-technology. The committee had taken up the issue suo moto in 2010, when a debate over Bt Brinjal and Bt Cotton was raging. It has now observed it was convinced that the government did not carry out significant tests properly before giving a go-ahead for commercial production of Bt Brinjal.
The committee said it was indicative of "collusion of a worst kind". Standing committee chairman Basudeb Acharia said the observation was made after testimony of Dr PM Bhargava, the Supreme Court nominee on Genetic Engineering Appraisal committee (GEAC), before the parliamentary panel. Bhargava said co-chairman of GEAC Prof Arjula Reddy confessed that the tests asked by Bhargava for assessing Bt Brinjal had not been carried out and even the tests undertaken were performed badly as Reddy was under pressure with calls from industry, GEAC and the minister to approve Bt Brinjal. Speaking to reporters Acharia refused to divulge the name of the minister. When asked whether the committee was told the name, Acharia replied in the negative. The committee found that GM crops have an impact on health and the environment and these aspects were overlooked while approving Bt Brinjal trials in India.
After examining the issue for two-and-a-half years, the committee felt there was no need to introduce genetically modified food crops in India. Acharia said, "in a country like India, where 82% of farmers are small and marginal we should not go for genetically modified food crops. But if at all the government decides to - because of the argument that the demand for food will increase abnormally by 2020 and existing technology would not be sufficient - then there should be enough safeguards in place. Even then we feel that the government should go for indigenous alternatives. If you see in the past we have been able to increase our food production from 56 million tonnes to 254 million tones, then why do we think in future we won't be able to achieve such growth in food production?"
The committee has strongly criticised the present regulatory system for genetically modified crops, calling it antiquated and inadequate. It has pointed out serious conflict of interest of various stakeholders involved in the regulatory mechanism as well. Making sharp observations on the issue, the committee has recommended that the government bring an all-encompassing umbrella legislation on bio-safety, "which is focused on ensuring the bio-safety, biodiversity, human and livestock health, environmental protection and which specifically describes the extent to which bio-technology, including modern bio-technology, fits in the scheme of things. Acharia said the committee as recommended that the government bring such a legislation "after due consultation with all stakeholders and bring it before Parliament without any further delay".
The panel has also recommended proper labelling of genetically modified food. Acharia said the consumer had the right to know and make an informed choice. He pointed out that other countries which allow GM food, such labeling laws are in place.
"The committee recommends that the government should immediately issue regulation for making labeling of all GM products, including food, feed and food products, so as to ensure the consumer is able to make an informed choice in the matter of what he/she wants to consume," the report says.
The report is significant as it comes at a time when the Centre, especially the Ministry of Science and Technology, is trying hard to introduce a new regulatory system for GM crops by the name Biotechnology Regulatory Authority of India.
The committee is dominated by UPA with 11 Congress MPs, two from DMK and one Trinamool Congress member. With one member from Samajwadi Party and two from BSP, the total strength of UPA and supporting parties is 17 on the panel. Left Front has two members, including Acharia and one Forward Bloc MP and NDA has 12 MPs.
Ironically, the stand taken by Acharia-led committee is divergent from the view of CPM, Acharia's party. CPM polit bureau member S Ramachandran Pillai had kicked up a storm in Kerala last year when he had nuanced his party's view by saying complete opposition to genetically modified crops was superstitious. Pillai also appeared before the standing committee as the president of the All India Kisan Sabha and said: "I am for making use of the achievements of science and technology in agriculture as in the case of other areas... There are possibilities for increasing productivity and production in agriculture by making use of genetically modified crops... Very rigorous bio-diversity tests should be conducted to ensure that the genetically modified crops should not cause any ill effects on human life, other plant and animal life and also on the overall environment."
The 31-member parliamentary standing committee on agriculture tabled its report in Parliament on 'cultivation of genetically modified food crops - prospects and effects' on Thursday. The 492-page exhaustive report on the issue has rejected the idea of genetically modified food crops for India, punching holes in the theory of an urgent need to increase food production through bio-technology. The committee had taken up the issue suo moto in 2010, when a debate over Bt Brinjal and Bt Cotton was raging. It has now observed it was convinced that the government did not carry out significant tests properly before giving a go-ahead for commercial production of Bt Brinjal.
The committee said it was indicative of "collusion of a worst kind". Standing committee chairman Basudeb Acharia said the observation was made after testimony of Dr PM Bhargava, the Supreme Court nominee on Genetic Engineering Appraisal committee (GEAC), before the parliamentary panel. Bhargava said co-chairman of GEAC Prof Arjula Reddy confessed that the tests asked by Bhargava for assessing Bt Brinjal had not been carried out and even the tests undertaken were performed badly as Reddy was under pressure with calls from industry, GEAC and the minister to approve Bt Brinjal. Speaking to reporters Acharia refused to divulge the name of the minister. When asked whether the committee was told the name, Acharia replied in the negative. The committee found that GM crops have an impact on health and the environment and these aspects were overlooked while approving Bt Brinjal trials in India.
After examining the issue for two-and-a-half years, the committee felt there was no need to introduce genetically modified food crops in India. Acharia said, "in a country like India, where 82% of farmers are small and marginal we should not go for genetically modified food crops. But if at all the government decides to - because of the argument that the demand for food will increase abnormally by 2020 and existing technology would not be sufficient - then there should be enough safeguards in place. Even then we feel that the government should go for indigenous alternatives. If you see in the past we have been able to increase our food production from 56 million tonnes to 254 million tones, then why do we think in future we won't be able to achieve such growth in food production?"
The committee has strongly criticised the present regulatory system for genetically modified crops, calling it antiquated and inadequate. It has pointed out serious conflict of interest of various stakeholders involved in the regulatory mechanism as well. Making sharp observations on the issue, the committee has recommended that the government bring an all-encompassing umbrella legislation on bio-safety, "which is focused on ensuring the bio-safety, biodiversity, human and livestock health, environmental protection and which specifically describes the extent to which bio-technology, including modern bio-technology, fits in the scheme of things. Acharia said the committee as recommended that the government bring such a legislation "after due consultation with all stakeholders and bring it before Parliament without any further delay".
The panel has also recommended proper labelling of genetically modified food. Acharia said the consumer had the right to know and make an informed choice. He pointed out that other countries which allow GM food, such labeling laws are in place.
"The committee recommends that the government should immediately issue regulation for making labeling of all GM products, including food, feed and food products, so as to ensure the consumer is able to make an informed choice in the matter of what he/she wants to consume," the report says.
The report is significant as it comes at a time when the Centre, especially the Ministry of Science and Technology, is trying hard to introduce a new regulatory system for GM crops by the name Biotechnology Regulatory Authority of India.
The committee is dominated by UPA with 11 Congress MPs, two from DMK and one Trinamool Congress member. With one member from Samajwadi Party and two from BSP, the total strength of UPA and supporting parties is 17 on the panel. Left Front has two members, including Acharia and one Forward Bloc MP and NDA has 12 MPs.
Ironically, the stand taken by Acharia-led committee is divergent from the view of CPM, Acharia's party. CPM polit bureau member S Ramachandran Pillai had kicked up a storm in Kerala last year when he had nuanced his party's view by saying complete opposition to genetically modified crops was superstitious. Pillai also appeared before the standing committee as the president of the All India Kisan Sabha and said: "I am for making use of the achievements of science and technology in agriculture as in the case of other areas... There are possibilities for increasing productivity and production in agriculture by making use of genetically modified crops... Very rigorous bio-diversity tests should be conducted to ensure that the genetically modified crops should not cause any ill effects on human life, other plant and animal life and also on the overall environment."
Deadline for registration of shops extended
The Punjab Government has extended the deadline for registration under the Food Safety and Standards Act of India (FSSAI) bringing a much-needed relief to the health authorities as well as the businessmen concerned.
District Health Officer Dr R S Randhawa, the designated officer in-charge, said there are around 60,000 people who are covered under the Act. "Those dealing in any kind of food item are required to be registered under the Act, be it a vegetable vendor, tea stall owner or hotelier," he said.
Earlier, the deadline for the registration was August 3, which has now been extended by six months to February 3. The move meant to give enough time to people to get registered.
"The extension in the deadline actually acted as a dampener. Earlier, people were in a rush to get themselves registered but now the number of applications has trickled down. So far, only 1,500 applications have come up for registration," said sources in the health department.
Health authorities fear that people may start turning up in hordes again in January next year, the way it happened in the end of July this year. The department has held series of meetings with various unions of traders, dairy owners, dhaba owners, hotel owners, restaurant owners and others informing them the benefits of the Act.
Earlier, there was the Food Safety Act, which was very stringent as people had to deal with long legal battles when their food samples faced laboratory tests.
However, the new legislation has different provisions of penalisation.
In view of a food product being declared not injurious to human health or not life threatening, or has been mislabelled or misbranded, the case would be forwarded to the court of additional deputy commissioner ADC (Development), who has been designated as the adjudicator under the new Act.
“At the adjudicator's court, the matter would be resolved in less than a year which would result in saving businessmen from long legal hassles," the health officials said.
Fact file
Earlier, the deadline for the registration was August 3, which has now been extended by six months to February 3. The move meant to give enough time to people to get registered.
"The extension in the deadline actually acted as a dampener. Earlier, people were in a rush to get themselves registered but now the number of applications has trickled down. So far, only 1,500 applications have come up for registration," said sources in the health department.
Health authorities fear that people may start turning up in hordes again in January next year, the way it happened in the end of July this year. The department has held series of meetings with various unions of traders, dairy owners, dhaba owners, hotel owners, restaurant owners and others informing them the benefits of the Act.
Earlier, there was the Food Safety Act, which was very stringent as people had to deal with long legal battles when their food samples faced laboratory tests.
However, the new legislation has different provisions of penalisation.
In view of a food product being declared not injurious to human health or not life threatening, or has been mislabelled or misbranded, the case would be forwarded to the court of additional deputy commissioner ADC (Development), who has been designated as the adjudicator under the new Act.
“At the adjudicator's court, the matter would be resolved in less than a year which would result in saving businessmen from long legal hassles," the health officials said.
Fact file
- The FSSAI aims at ensuring that people are given clean and hygienic food to eat. The Act has provisions of creating healthy habits amongst those who deal in food. For instance a juice vendor would be directed to keep a covered bin for the waste; serve juices in glasses cleaned with detergent and water; and to cover his set up with net or mesh to prevent flies from contaminating the edibles.
- Under the Act, a small time trader will have to pay Rs 1,000 as registration fees while those with a turnover of more than Rs 12 lakh per annum will have to obtain licences.
House panel wants ban on Bt brinjal field trials
A parliamentary committee has recommended a ban on field trial of all genetically modified crops until “all regulatory and surveillance mechanisms” are in place. It also suggested a “thorough investigation” into the controversy on Bt brinjal.
In a report submitted to both Houses on Thursday, the Parliamentary Standing Committee on Agriculture blamed “collusion of the worst kind” behind promotion of the genetically-modified vegetable.
It suggested that a team of independent scientists and environmentalists be appointed to study the propagation of Bt brinjal in the country, right from its introduction to the imposition of moratorium on its commercialisation by erstwhile environment minister Jairam Ramesh on February 9, 2010.
The allegation of “collusion” comes from the deposition of veteran biologist P M Bhargava, the Supreme Court-appointed nominee in the Genetic Engineering Appraisal Committee (GEAC), India’s highest authority on GM crops.
In his testimony before the committee, Bhargava, who is the founder director of the Hyderabad-based Centre for Cellular and Molecular Biology, said GEAC co-chairman Arjula Reddy got calls from the industry, colleagues in GEAC and a minister, to approve the genetically engineered eggplant.
However, chairman of the committee and CPM MP Basudev Acharia said neither did he know the name of the minister in question, nor did he ask Bhargava to identify him. Since Reddy did not depose, the committee based its assertions on Bhargava’s statement.
A major flaw in the regulatory mechanism for Bt brinjal was that the 30 per cent increase in toxic alkaloid content in the genetically-modified variety was not taken into consideration.
“Field trial of GM crops under any garb should be discontinued forthwith. while research and development on transgenic components in crops should only be done in strict containment till the government puts in place regulatory, monitoring, oversight and surveillance mechanisms,” the report said.
Criticising the government for failing to implement a “bio-safety friendly regulation,” the committee recommended that “an all encompassing bio-safety authority to focus on bio-safety, bio-diversity, human and livestock health and environmental protection be set up.”
Neither did the committee favour the proposed Biotechnology Regulatory Authority of India bill put forth by the Department of Biotechnology (DBT). “DBT is the promoter of biotechnology. How can it be the regulator as well,” wondered Acharia.
The 492-page report further suggested that infrastructure of GEAC and the Review Committee on Genetic Manipulation, which oversees GM crop research, be upgraded. In addition, the National Biodiversity Authority and Food Safety and Standards Authority of India be suitably equipped for keeping an eye on the misuse of GM technology, it said.
In a report submitted to both Houses on Thursday, the Parliamentary Standing Committee on Agriculture blamed “collusion of the worst kind” behind promotion of the genetically-modified vegetable.
It suggested that a team of independent scientists and environmentalists be appointed to study the propagation of Bt brinjal in the country, right from its introduction to the imposition of moratorium on its commercialisation by erstwhile environment minister Jairam Ramesh on February 9, 2010.
The allegation of “collusion” comes from the deposition of veteran biologist P M Bhargava, the Supreme Court-appointed nominee in the Genetic Engineering Appraisal Committee (GEAC), India’s highest authority on GM crops.
In his testimony before the committee, Bhargava, who is the founder director of the Hyderabad-based Centre for Cellular and Molecular Biology, said GEAC co-chairman Arjula Reddy got calls from the industry, colleagues in GEAC and a minister, to approve the genetically engineered eggplant.
However, chairman of the committee and CPM MP Basudev Acharia said neither did he know the name of the minister in question, nor did he ask Bhargava to identify him. Since Reddy did not depose, the committee based its assertions on Bhargava’s statement.
A major flaw in the regulatory mechanism for Bt brinjal was that the 30 per cent increase in toxic alkaloid content in the genetically-modified variety was not taken into consideration.
“Field trial of GM crops under any garb should be discontinued forthwith. while research and development on transgenic components in crops should only be done in strict containment till the government puts in place regulatory, monitoring, oversight and surveillance mechanisms,” the report said.
Criticising the government for failing to implement a “bio-safety friendly regulation,” the committee recommended that “an all encompassing bio-safety authority to focus on bio-safety, bio-diversity, human and livestock health and environmental protection be set up.”
Neither did the committee favour the proposed Biotechnology Regulatory Authority of India bill put forth by the Department of Biotechnology (DBT). “DBT is the promoter of biotechnology. How can it be the regulator as well,” wondered Acharia.
The 492-page report further suggested that infrastructure of GEAC and the Review Committee on Genetic Manipulation, which oversees GM crop research, be upgraded. In addition, the National Biodiversity Authority and Food Safety and Standards Authority of India be suitably equipped for keeping an eye on the misuse of GM technology, it said.
House panel for probe into Bt brinjal issue
In a move which could stall the commercial introduction of genetically modified (GM) crops in India, a parliamentary panel on Thursday recommended a ‘thorough probe’ by independent scientists and environmentalists into the entire process of granting approval to Bt brinjal.
After going through more than 1,800 submissions, the parliamentary committee on agriculture (2011-12) in its report titled ‘Cultivation of genetically modified food crops – prospects and effects’ severely criticised Genetic Engineering Approval Committee (GEAC), which had given approval for the commercial cultivation of Bt brinjal on the basis of its ‘own assessment’ in 2009. After protests from civil society groups and scientists, Jairam Ramesh, then environment minister, imposed an indefinite moratorium on the commercial release of Bt brinjal.
“The GEAC is now sitting on its own judgment and also on the various reports on the merits and demerits of GM crop. It is a clear case of conflict of interest,” the parliament panel chaired by CPM MP Basudeb Acharya has noted.
Bt brinjal is a genetically-modified vegetable which is infused with Cry1Ac gene from bacterium Bacillus Thuringiensis (Bt) to make the plant resistant to certain pests.
The panel, consisting 31 Lok Sabha members, has recommended the evaluation of the Bt brinjal reports by some other agency such as CSIR “since they not only have sufficient expertise in this regard but also have minimum conflict of interest in the matter amongst the various public sector scientific institutions”.
Criticising the current system of regulations for the GM crops, the panel has observed “all is not well with the regulatory mechanism put in place by the government for oversight of cutting edge technology as sensitive as GMOs”. “The GEAC being an entity created under rules rather than an Act of Parliament deprives it of the status, powers and more importantly autonomy and independence that a statutory regulator ought to have,” it added.
“The government has inordinately dithered in bringing in appropriate bio-safety friendly legislation in the matter before the Parliament,” Acharya said after presenting the panel\'s report in Parliament.
“This report vindicates the concerns and positions taken by many state governments such as Bihar, Kerala, Madhya Pradesh and Chattisgarh to disallow GM crops, including field trials. It also vindicates the larger public demand not to allow GM crops into our food and farming systems” Coalition for a GM free India convener Sridhar Radhakrishnan said.
The parliamentary panel also has sought explanation from the department of consumer affairs and Food Safety and Standards Authority of India (FSSAI) after tonne of cotton seed oil extracted from Bt cotton had gone into food chain with various agencies oblivious of the fact.
Many environmental groups have been opposing BT brinjal saying that there are enough indigenously developed brinjal varieties in the country and the government should not use Bt crop in a hurry without ensuring the health impact on humans. Brinjal is grown in around 5.5 lakh hectare in the country and is an important cash crop for more than 1.4 million small and marginal farmers. West Bengal, contributes around 30% to the country’s annual brinjal production of over 9 million tonne. Orissa produces 20% and Bihar 12% of the total output.
In 2002, Bt cotton was the first GM crop introduced for commercial cultivation. Since its introduction, the country’s cotton production has increased from 12-13 million bale (170 kg in a bale) in the 1990s to around 35 million bale at present. This has made India the second biggest cotton producer in the world surpassing the United States.
After going through more than 1,800 submissions, the parliamentary committee on agriculture (2011-12) in its report titled ‘Cultivation of genetically modified food crops – prospects and effects’ severely criticised Genetic Engineering Approval Committee (GEAC), which had given approval for the commercial cultivation of Bt brinjal on the basis of its ‘own assessment’ in 2009. After protests from civil society groups and scientists, Jairam Ramesh, then environment minister, imposed an indefinite moratorium on the commercial release of Bt brinjal.
“The GEAC is now sitting on its own judgment and also on the various reports on the merits and demerits of GM crop. It is a clear case of conflict of interest,” the parliament panel chaired by CPM MP Basudeb Acharya has noted.
Bt brinjal is a genetically-modified vegetable which is infused with Cry1Ac gene from bacterium Bacillus Thuringiensis (Bt) to make the plant resistant to certain pests.
The panel, consisting 31 Lok Sabha members, has recommended the evaluation of the Bt brinjal reports by some other agency such as CSIR “since they not only have sufficient expertise in this regard but also have minimum conflict of interest in the matter amongst the various public sector scientific institutions”.
Criticising the current system of regulations for the GM crops, the panel has observed “all is not well with the regulatory mechanism put in place by the government for oversight of cutting edge technology as sensitive as GMOs”. “The GEAC being an entity created under rules rather than an Act of Parliament deprives it of the status, powers and more importantly autonomy and independence that a statutory regulator ought to have,” it added.
“The government has inordinately dithered in bringing in appropriate bio-safety friendly legislation in the matter before the Parliament,” Acharya said after presenting the panel\'s report in Parliament.
“This report vindicates the concerns and positions taken by many state governments such as Bihar, Kerala, Madhya Pradesh and Chattisgarh to disallow GM crops, including field trials. It also vindicates the larger public demand not to allow GM crops into our food and farming systems” Coalition for a GM free India convener Sridhar Radhakrishnan said.
The parliamentary panel also has sought explanation from the department of consumer affairs and Food Safety and Standards Authority of India (FSSAI) after tonne of cotton seed oil extracted from Bt cotton had gone into food chain with various agencies oblivious of the fact.
Many environmental groups have been opposing BT brinjal saying that there are enough indigenously developed brinjal varieties in the country and the government should not use Bt crop in a hurry without ensuring the health impact on humans. Brinjal is grown in around 5.5 lakh hectare in the country and is an important cash crop for more than 1.4 million small and marginal farmers. West Bengal, contributes around 30% to the country’s annual brinjal production of over 9 million tonne. Orissa produces 20% and Bihar 12% of the total output.
In 2002, Bt cotton was the first GM crop introduced for commercial cultivation. Since its introduction, the country’s cotton production has increased from 12-13 million bale (170 kg in a bale) in the 1990s to around 35 million bale at present. This has made India the second biggest cotton producer in the world surpassing the United States.
Ice-cream parlour owner told to pay Rs 50k penalty
PUNE: The Food and Drugs Administration (FDA) on Wednesday imposed a penalty of Rs 50,000 on the owner of an ice-cream parlour in Pune district for using saccharine, an artificial sweetener banned in certain food products including ice-cream. "Samples of two different flavours taken from an ice-cream parlour at Yelse village in Maval taluka did not conform to set standards of quality. A laboratory test found the presence of saccharine in both the samples," said Shashikant Kekare, joint commissioner (food), FDA, Pune division.
As an adjudicating officer, Kekare imposed the penalty under section 50 and 47 of the Food Safety and Standards Act ( FSSA) 2006.
Saccharin is 300 to 500 times sweeter than table sugar. Due to its bitter aftertaste, it is often blended with other artificial sweeteners. It is widely used in diet foods and beverages as it provides no calories and passes through urine.
"Studies have shown that use of saccharine in inappropriate amount can have harmful effects on human body," Kekare said.
As an adjudicating officer, Kekare imposed the penalty under section 50 and 47 of the Food Safety and Standards Act ( FSSA) 2006.
Saccharin is 300 to 500 times sweeter than table sugar. Due to its bitter aftertaste, it is often blended with other artificial sweeteners. It is widely used in diet foods and beverages as it provides no calories and passes through urine.
"Studies have shown that use of saccharine in inappropriate amount can have harmful effects on human body," Kekare said.
Aug 9, 2012
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..
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.
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 inspectionThe 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!
Is ready-to-eat-food a hit?
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.
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.”
Aug 8, 2012
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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.
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.
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.
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.
Aug 7, 2012
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.
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.
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.
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.
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.
Aug 6, 2012
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.
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