Apr 27, 2016
Tandoor Bread Unfit for Consumption!
Malpractices by bakers widespread & endemic, Govt. clueless
SRINAGAR: People in Kashmir should be a worried lot. It is not only our politics that is stale but also our major staples and consumables. Kashmir Observer’s investigations have revealed that our favored breakfast staple, Kashmiri bread or Kaandur Tsot is not fit for consumption. The reasons pertain to the excessive use of baking soda in the Kaandar tsot.
One obvious observation should alert us to the perils of Kaandar tsot: bread taken out of tandoor in the morning cannot be eaten for lunch as it hardens within an hour. It does not only change in taste but texture as well. The reason , as already mentioned, is excessive use of baking soda.
Baking soda (sodium bicarbonate), is used by almost all bakers to achieve that fluffy texture which we all love in our bakery products, can prove to be highly dangerous if used in exceedingly high amounts.
As per medical studies, consuming sodium bicarbonate in amounts that exceed the capacity of the kidneys to excrete this bicarbonate may cause metabolic alkalosis which can then lead to various stomach disorders. The increase in stomach related disorders in the valley has been linked to the huge quantities of baking soda which we consume daily through our beloved ‘kaandar tsot’.
The issue of our staple roti sits atop the saga of food adulteration which has become a trend of late in the valley. Milk, vegetables, spices and meat have already come under scanner and inspections have even revealed how some well-known brands have been adding dangerous adulterants to our food. In such a situation, it becomes imperative that the amount of baking soda in our bread is regulated so that people of the valley can continue to enjoy their favourite bakery products without any apprehensions.
As per the Drugs and Food Control Organization, the permissible limit of baking soda in commercial baking is 1mg of soda in 1000 mg of flour, which roughly equals to about one teaspoon of baking soda per 10 kg of flour. But unfortunately, most bakers in our valley do not adhere to these guidelines and often use much higher amounts of baking soda.
According to Ms. Irfana Ahmad, Commissioner Drug and Food Control Organization, “There is a specified limit of baking soda that the bakers can use while preparing bakery products. Yes have already drafted firm regulations in this regard and every food product- whether packaged or prepared by local bakers themselves- is thoroughly checked. The regulations don’t only apply to the bakers but also to the manufacturers which supply them the baking ingredients. Our team has already inspected various bakers in the city and they have been issued strict orders to adhere to the rules. If they fail to do so, strict action will be taken against them.”
She also added that “ in order to curb and check this trend, people must come forward in case they notice anything amiss in food products. This would help the authorities take timely actions against the miscreants.”
Nazir Ahmad, a local businessman, articulating and yearning for the romance of visiting a baker’s shop early morning said: “Visiting a traditional Kashmiri baker (Kaandar) and watching him prepare tsot used to be a favourite activity of the local people. The smell of the freshly baked bread mixed with the smoke from the tandoor would linger on in one’s mind for days. “The taste used to be awesome and the texture so soft and delicate. For the local bakers, baking was a form of worship and they would ensure that they kept their baking shops neat and clean. Also, there was no fear of adulteration so everyone could enjoy the bread without any worries. These days, the bakers add a lot of chemicals and baking soda. This has caused a lot of stomach disorders. Since we have no safer options available, we are forced to consume a bakery product which looks similar to the traditional ones but the taste is nowhere near the original. The authorities must wake up from their slumber and ensure we aren’t being fed poison in the name of food”.
“The fault doesn’t entirely lie with the bakers. Even the ingredients which they use for baking are adulterated. Thus the manufacturers who supply them with these unsafe and impure ingredients must also be put to task. The government should ensure that the bakery shops are neat and clean and that the bakers too take care about their personal hygiene while baking”, another local resident added.
Elaborating upon the menace and pointing out to other structural issues Health Officer Dr. Shamima added, “We are only concerned with checking the sanitation and hygiene of the place where the bakery is being prepared. There are certain directions like the nanwai (Baker) must have short nails, short hair and no skin allergies, clean hands, tidy clothes and neat and clean surroundings and utensils. Also, the atta (flour) should be stored in a cool place in an air tight container. If, while inspecting, we find that these rules and directions are not being followed, we initially warn the bakers but if they continue with the same habits, we seal the bakery immediately and impose a fine on the owners.
Expressing the widespread nature of the problem, Dr. Shamima said, “In the recent past, we have sealed many local bakery shops which were found flouting the rules. But there are a lot of bakeries which are still violating the norms”.
Despite known implications and consequences of using high quantities of baking soda in bread, the practice continues unabated. The reasons accrue from the scant attention that society pays to this issue which in turn allows bakers to get away with this malpractice.
Lending poignancy to the consumption of baking soda on a large scale, Ms. Nasreen Paul, a senior dietician at SKIMS said, “Consuming soda based products on a daily basis can not only cause serious stomach problems but can also lead to various ulcers which may at times even prove deadly. Consuming sodium bicarbonate in large amounts daily involves consuming a large amount of sodium, which can elevate blood pressure, aggravate heart disease and lead to swelling of the legs and feet due to fluid retention. The frequent cases where a patient complains of severe pain in lower abdomen or stomach are the reaction to large quantities of gastric acid which are produced due to the intake of huge quantities of baking soda. People need to think about what they are eating and how it is going to affect their health. Government agencies must also tighten the rope for violators who profit by risking public health.”
Despite the obvious dangers of consuming roti with high quantities of baking soda , the trend continues.Before the problems that are associated with it get magnified and amplified, it is high time that we as a society and government as an institution wakes up to this danger and menace and checks it. Our health and even lives are at stake here.
FDA guidelines to Mapusa street food vendors
Panjim: The directives come following an inspection drive spread over two months wherein food safety officials found violations of Food Safety and Standards Act, 2006 and the Rules/Regulation 2011.
In a sensitization meeting held on Tuesday, FDA Director Salim Veljee warned he would initiate strict penal action against the defaulters including cancellation and stopping of their food activities.
“The attendees were informed about adopting safe and hygienic/sanitation practices in dealing with the food at their street food stalls. They were also warned of action for any violation as food safety officers had noticed irregularities during the inspection,” one of the officials said.
The street food vendors agreed to cooperate with the FDA and sought its intervention in taking up the difficulties they face over timely disposal of the waste generated from their food stalls, despite paying the municipality a monthly waste disposal fee of Rs 300.
The vendors conceded that they occasionally use artificial colours on customers’ requests. FDA officials advised them to educate consumers that use of artificial colours is unhealthy.
FDA will also take up the matter with the concerned municipal authorities to explore the possibility of identifying a designated place for the vendors with basic minimum sanitation infrastructural facilities, availability of clean potable water and prompt waste disposal system.
MBMC seeks FSSAI help to curb hawker menace
Bhayandar : Stung by an alarming rise in the hawker population lined on its streets, the Mira Bhayandar Municipal Corporation (MBMC) has asked the Food Safety and Standards Authority of India (FSSAI) authorities to stop registering illegally operating roadside food vendors.
The FSSAI, in an attempt to ensure that eatables being sold are safe and unadulterated, has mandated all type of Food Business Operators (FBO) including roadside food vendors to obtain licenses or registration. Since its inception in 2011, FSSAI’s Food Safety and Standards Act, which replaced the age old Prevention of Food Adulteration Act, has registered nearly 4,500 roadside eateries in the twin-city. As per rules, food businesses with an annual turnover below Rs 12 lakh will have to get themselves registered while those with a turnover of Rs 12 lakh and more will have to obtain a license. Fee for one-year registration is Rs 100 while that for license ranges from Rs 2,000 to Rs 7,500.
“Already armed with judicial orders pertaining to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act – 2014, scores of fly-by-night operators are using the FSSAI registrations as a tool to establish themselves as genuine and legitimate hawkers, thus thwarting our attempts to evict them, especially from designated no hawker zones,” said an MBMC officer.
To address the issue the MBMC has asked the FSSAI not to issue licenses or registration to illegally operating hawkers.
According to the Street Vendors Act, 2.5% of the city’s population will be eligible to be vendors.
Food licence: No extensions after May 4; FSSAI to use surveillance system
New Delhi: May 4, the latest deadline for FBOs to obtain licence or secure registration under Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011,may be the last, with indications that both the apex food regulator FSSAI and its enforcement machinery (FDAs, FDCAs and so on) not in favour of anymore extensions. Instead, the authorities concerned will introduce novel methods such as surveillance-based safety management system for ensuring completion of the task.
In view of this new stance, the authority and the implementation bodies may limit their role to creating awareness among FBOs (Food Business Operators) on the food safety scenario in the country and putting the onus on them to take the initiative in obtaining licence and securing registration.
The change in approach is apparent. When asked about the current scenario, FSSAI CEO Pawan Kumar Agarwal replied to FnB News, “There needs a greater clarity on the subject as to what is expected from FBOs by means of licensing and registration.”
He added, “Momentum will not come until there is clarity about the obligations on FBOs after they get licence and registration numbers and that’s why the surveillance-based safety management system is being devised to educate the FBO about his role.” For this purpose, a drive will begin for checking the licence numbers in coming months. Agarwal explains, “We want the FBOs to come voluntarily to get the licences and registration numbers.”
Interestingly, while the final decision with regard to the extension rests with the ministry of health, sources indicate that a message has been conveyed to the ministry about the objective -- getting every FBO licensed and registered -- eluding the FSSAI with repeated extensions to the deadline, total of seven, being granted ever since the work began about five years ago.
Meanwhile, a look at the statistics, shows that in the last three months, the apex regulator’s licensing and registration exercise witnessed a hike of little over two lakhs in numbers. While the number of FBOs in the country is approximately 5 crore, the current figure (till late April) for those who have completed the procedure remains over 35 lakh. According to FSSAI, the total Central licences issued were 25,357 (as on April 22, 2016), total state licences – 7,11,975 (as on April 12, 2016) and total registrations were 27,72,080 (as on April 12, 2016).
About three months back, the figure for FBOs who completed the procedure stood at 33 lakh, as per the CEO. He stated that it was not close to the 10 per cent of big estimated FBOs. The earlier figure was Central licences (as on Jan 26, 2016)–24,293, state licences (as on Jan 20, 2016) – 666,763 and registrations (as on Jan 20, 2016) – 26,91,543.
Apart from the change in FSSAI’s approach, another key issue in the current scenario is the revision of definition of FBOs. According to industry sources, definition of FBOs needed a revision, with only those who involved in food business with direct manufacturing included while the retailers excluded.
State scenario
In Gujarat, G D Solanki, food safety officer, Food and Drugs Control Administration (FDCA), Gujarat, said, "The extension which was undertaken in the month of February was for conversions. We on our part have initiated mobile van and testing vans which undertook licencing/ registration in the villages and testing of the food products respectively."
He added, "We have always ensured that every single FBO should be registered. Several FBOs were called in the office of FDCA so that they should know laws and benefits of registration and obtaining licences. We called the FBOs at FDCA offices and asked them to get registered."
In Maharashtra, a senior official from Food and Drugs Administration (FDA) Maharashtra, said, "The extension is subject to the decision of the ministry. The extension was undertaken to bring the food industry under its loop so that the regulation becomes easy. Also, due to low manpower which was affecting our conversion work is not an issue as all the work in this regard is almost completed. In case of another extension, ministry won't favour."
He pointed out, "On the last instance in the month of February when the date was extended, many FDAs of the nation were yet to convert its old licences into the FSSA ones. It can be seen that most of the laws which are recently notified are in fact favouring industry."
In Madhya Pradesh, Pramod Shukla, joint controller, FDA, Madhya Pradesh, said, “Almost all the conversion work is completed and very few FBOs are left behind to be registered. Once the deadline of May 4 ends or may be extended, we, in the state of Madhya Pradesh. will run a special drive which will target to register 35 per cent more FBOs than those on May 4.”
State Licences Registrations
Maharashtra 2 13 779 7 03 457
Gujarat 56 477 1 52 342
Kerala 22 021 78 396
Madhya Pradesh 50 000 3 50 000
Food safety law has to be replaced: Ashish Bahugana - Interview with Chairman, Food Safety and Standards Authority of India
Ashish Bahuguna, Chairperson of FSSAI tells Nitin Sethithat government has dropped the Rs 1,750 crore plan for expanding the authority’s reach across the country. He explains his internal note recommending that FSSAI move away from enforcement of food safety law, leaving it to states.
Earlier, the government was considering a central scheme investing Rs 1,750 crore in expanding the enforcement and other capabilities of FSSAI and states across the country. But now you have been instructed to revise that proposal and relook at the role of FSSAI with enforcement being left to states.
Well there is no final decision at this stage. At the moment it is not final, it is still at a proposal stage.
So you are saying it is still a proposal
Yes. You see, if you look at it from another point of view. I mean the idea is to realise certain objectives. And whatever we strategize as plans of actions or whatever we plan to use as instruments to use for those objectives – I think what we have done is to rethink things through and look at whether those instruments are appropriate or not. Or whether, they would amount to, in lots of cases, re-inventing the wheels. So the objectives have not been compromised or changed. The instruments that we are using to fulfil those objectives have been changed.
For instance, we are mandated by law basically to ensure that safe and wholesome food is available to people of this country and to that end frame standards for this purpose. Framing of standards is…
…One essential part of the…
Is probably the first step in some sense. That of course has to be done centrally.
Which is why section 2 of the law says food safety is being taken under central powers in public interest…
Yes, so there the strengthening of FSSAI would remain the same. We would need a strong central organisation here that can draw upon talent from within and from outside academia, industry and so on so forth and frame standards that are appropriate for the country. The second is to get people to implement those standards and then if necessary to enforce them. We are still to a large extent in the first stage of setting standards. A fair bit of work has been done over recent past but we still have way to go on that. That would remain our number one priority and will remain within the ambit of FSSAI. Now the other two, of how to get the message across to stakeholders and how to enforce, what are the instrumentalities to be used, on that we can have differing opinions. Now the earlier CCEA note set a lot of store by…
...expanding the reach of FSSAI…
Yes, putting more investment to this, which is one way of looking at it.
Tremendous amounts actually. The CCEA note said Rs 1750 crore for FSSAI and states
But that is one way. The other way is to that the existing structures can be used to do the same work. For instance for imports do we need to have a separate set of officers or can we use the custom authorities to do the same work as long as we get our message across. So that would mean enhancing their capacities and capabilities to deal with safety of food articles.
Again in regard to testing and analysis, whether to use government labs or private accredited labs as long as the sanctity of the testing procedure is maintained. A person is at liberty to chose whichever option there is.
We have now, after putting a lot of thought in this issue, we have though that we should try make use of the available structures rather than try reinvent the wheels…
…expand?
Expand in a way so as to cover everything – that is not what we plan to do now. While, we shall definitely expand and enter into areas where there is little likelihood of other structures either being available or coming in the near future, there we will have to step in. Otherwise, we have taken a conscious decision of using the existing infrastructure.
So my understanding is the note (of CCEA on expansion of FSSAI and state food safety infra) is to be revised and at the moment this is a proposal. Somewhere in mid January you discussed these issues internally of the revision of the route – focusing on three areas – that private labs can be used, enforcement being given over to states and FSSAI looking at standard setting as primary objective.
In any case, enforcement even now and even at the time was the mandate of the state…
No, both the state and the centre…
Centre was marginal to the enforcement issue
But under the regulations you have clear list of enforcement and other activities that only central FSSAI can implement
There are two different issues. One is, the issue relating to central licensing, where only central government can give licences to certain kind of food businesses. The other is, central enforcement.
On that there has been a rethinking…
There certainly has been a rethinking because enforcement cannot take place in a vaccum, it can either take place in a state or a union territory where there already ought to be a structure for enforcement. So duplication can create confusion. What is more necessary is to get all of us, that is the states food regulators and state food authorities and us on the same board so we are thinking along the same lines and what to look for what not to look for rather than things which are not necessarily..
Procedurely…
Please let me complete.
Sure..
So, licensing also when we are conducting most of our transactions electronically there is really not much purpose in having offices outside except for actual visual inspection. And actual visual inspection if you look at the data, for the past, they have never been the forte of this organisation – that is not what they have been doing..
But one would argue that if there was more staff and better infrastructure for the regional offices they would do so…
So therefore, the focus of these offices needs to shift to actual site inspections so if there is a problem it is corrected at site.
But if you shut down your regional offices …
I am not saying we need to shut them down. We need to rethink the role of these offices.
But in your January 6 note you say that FSSAI should consider shutting down the regional offices and leave enforcement to states
No, I don’t think that has been ever suggested. In fact that note doesn’t really touch upon that. What really we would like to do is refocus our enforcement – and when we say ‘our’ it is not just ours but also states – on manufacturing facilities rather than retail facilities.
So less testing and sampling …
It is not about less testing at all. See, at the retail outlet what is the bang you get for your buck?
You get a Maggie kind of situation…
No you go to a shop that something is out of place so you seize it. The source of contamination…we are into this to ensure safety of food. How do you ensure it – at the manufacturing level where the maximum possibility of contamination lies. So that is where we ought to be focussing. We ought to be relating to standards relating to storage, to transportation…
As well as random sampling and testing, which is part of the law, I presume…
Random sampling can be will continue to take place but it cannot be the focus. If you are looking at public safety, you have to look at the manufacturing units. Let me give you an outlandish example, you buy a car which has some defect – individual defect you can go to the nearest garage and get it repaired but if it is endemic we have to go down back to the factory. The focus we would like to shift to those places. And that all these places follow all the standards.
So if I am not mistaken Mr Bahuguna, there have been several reviews at the PMO level of the workings of FSSAI since last year. Initially they were agreeable to the CCEA note for expansion of FSSAI but at some point the PMO changed its views on where it needs to go and you were instructed to look at where FSSAI needs to go and consequently in January you sent the note to your officers talking about the changing you propose. The three prongs in that – private labs instead of expanding public labs, two withdraw central FSSAI from enforcement and leave it to states and three focus more on standard setting in Delhi. Till a year ago we were still saying there is not enough manpower at central and state level – we need to invest Rs 800 crores for states alone…
The earlier proposal was to provide for infrastructure for various people populating their food regulatory system…
But now you have suggested the state officials can do this as an additional duty and not full time.
We are not suggesting anything of the kind
In your note you suggested that…
We are not suggesting anything of the kind. Our experience suggests that officers in most of the states looking at food related work are actually in additional charges…in a large number of states
But legally they are supposed to be full time officers, if I am not mistaken?
That does not happen and it is wishful thinking that this would happen overnight. Also this staff is housed under different departments in different states, somewhere in the medical department, somewhere in the food department, some states are progressive to have separate departments. It all depends on the kind of emphasis that state governments are giving. Just to give money to construct an office building will not necessarily result in either of two things – adequate personnel would be posted for food regulation or even a building will be exclusively used for food regulatory purposes. It doesn’t work that way. That, couple with the fact, post the finance commission devolution larger monies are going to the state governments it’s really for the state governments to invest in their own infrastructure.
But at the moment, if you now consider allowing states to do the food safety work as additional duties and you also withdraw the central regional offices from enforcement – does that create a lack of enforcement in the states till the states now invest on their own because both are withdrawing?
No, no, who suggested that I am withdrawing,
Your note suggested that regional offices of FSSAI be shut down and you have shut down two sub-regional offices already.
Those are sub-regional offices. The Lucknow office had three people, one officer, one clerk and one peon.
But instead of expanding it …
No no one second, what work can that office do?
But instead the office could have been expanded which was the original plan
Yes if my aunt had moustaches she would be my uncle. That is no logic. The point is that there is no particular gain – and it is only the north zone that has these sub-regional offices. There is something unique about the north zone.
In your note you suggest that other regional offices also be closed
No we haven’t suggested that.
Your note specifically talks about it.
The point we are making it the functions of the regional offices need to be revisited to make them more oriented towards actual field level inspection and monitoring of systems, rather than…
Sorry for cutting in but..
I don’t know what note you are talking of…
January 6 note that you circulated to your officers here which suggested that one way to go ahead is to shut down the regional offices of FSSAI
One second, one second, the note circulated - I don’t know whether it was by me or the CEO…
By you…
It does not mean that that becomes the policy. That becomes the basis for brainstorming. The point is you can either go for incremental improvements or you can shock and awe. You shock the system so much so as to compel people to think out of the box.
So this was your shock and awe option?
So if I provoke you it is not necessary that I provoking you to merely irritate you or get you angry. It is to illicit some kind of response.
So this was your shock and awe option …
What my strategy is, is my strategy but these kind of…no person is infallible or all-knowing so you have to draw in ideas from all quarters to the extent possible. So that was one of the ideas. So the point is.
So how long will it take to have a revised cabinet note now?
You don’t necessarily need to do that. There is a certain amount above which it goes to the CCEA. Also that is merely a procedural aspect of who approves. Before that, what is more important for FSSAI to understand what it wants to do and why and what it hopes to get out of it.
So, you are saying from the point that you wrote the note in January till today you have revised ideas of not shutting down the regional offices?
I am not saying it was an idea in the first place…
It was in your note...
Like I said, it was a brainstorming thing. That is not the point. The point is, we need to discuss to come up with an acceptable framework.
So, it would be fair to say …
One second, there can be a lot of things that need to be done. Theoretically I can think of a lot of things that I can do at present. But I also need to understand the practicality of it. What is possible and what is not. You have to take everyone aboard. It is not the central government alone. The state governments have to be co-opted as equal members of this mission. It is not a question of getting an idea and ramming it down someone’s throat. It is throwing up an idea, seeing a flower bloom and then taking everyone along.
How long before this revised strategy, if I might call it that, will be ready for the road for FSSAI because the PMO always asks for time bound action to its instructions.
You see, that may well be so but and we can give responses regarding the time-limits within which we perform the science related works.
Setting standards etc…
On for instance just the labs. Just by mandating private labs it will not happen. The state governments also have to understand – some state governments might well say we have a lab here and it is good enough and well equipped and we will continue to use it and they shall be free to do so. So you cannot – I mean the age of dictates is over – all we can do is to provide platforms and options for people.
Now for imports I am in discussion with the industry if industry can set up labs within the port premises on a PPP basis with us.
Instead of sending the samples….
…outside because the time taken to get the stuff out of the port to the lab, there is a whole lot of problems attached to that especially in case of perishable food products. So therefore, where you can and everyone sees advantage in this we are implementing it straight away provided everything else falls in place. In this case the industry is ready, I am ready, but we need to get the land from the port authority and after getting the land you have to set it up and it still takes time. That is one part of it. But where the state governments are involved it is really for them to exercise…
So out of the reforms that are possible, which you think are more in your domain and control, what are the ones that can be done faster and which are the ones which shall take bit longer.
The first and foremost are the regarding the entire process of approvals of various products. That is entirely in our hands so this is something that will be certainly done and framing the requisite standards and regulations to facilitate …we have done a little bit and we need to do a lot more. Second is anything governing imports is in our hand and there also we can straight away we can implement what we have in mind. Enforcement is a tricky subject, which we have to take the state governments on board. But where we can actually start doing a lot of work is on dissemination on information. Enforcement comes at a later stage to my mind.
It is all very well to say that theoretically everyone should know the law and should comply with it but the fact remains with the level of literacy being what it is, the level of awareness being what it is, most people are not aware of a lot of requirements that the law mandates upon them. So what we are trying to do – and some effort has been made in Delhi at least – get in touch with state governments and hold campaigns so as to both, one generate some kind of demand from consumers – at the end of the day if consumers want something that will happen – and secondly make the food business operators of what they should be doing and lots of times most of us tend to think of this sector as the packaged food industry.
The proprietary food industry…how much would that be, 10%?
Maybe even less, no one really knows. But that accounts for a very small fraction of the total food industry.
But that is what involves a lot of money and safety against junk food etc arise?
No, junk food is not necessarily only in the packaged food sector. A lot of our traditional foods are also junk food. That debate can go on a separate tangent all together. What I am trying to say is there is a whole eco-system out there that is untouched. At least 90% is untouched by the organised food industry in that sense and which is where a lot of people feel that is more prone to contamination and lacks the usual health and hygiene and sanitation practices.
Do you agree with that?
I am not sure I agree, there are certain segments of it. The point I am trying to make is slightly different. Just last month we held and have been holding campaign in Delhi for street food in which we are giving among other things, training to the street food vendors along with a little bit of help with aprons and other things. Nobody can argue against the fact that there can be better health and hygiene standards especially given to the consumers passing through the hands of somebody. Now there are small things that can be done and their practice will make a huge difference and the consumers then start expecting it.
So this is where FSSAI’s focus will increase?
It will certainly increase
Less on process food and more on this segment.
No, we will certainly look at the processed food sector as well but yes, but this is where the major food sector lies in the unorganised area and this is where we need to be more proactive because what the general people of the country eat is of more concern to eat than what a very small minority eat.
How much would be the volume of processed food industry be roughly?
It is difficult to say, the ministry of food processing would have an idea.
Thank you this has helped bring some clarity. Would you say this is the post Maggie episode phase of FSSAI?
The Maggie case is still in the courts. See, what problem the FSSAI faced at that time was that the law does not have any clarity and is open to multiple interpretations. The same phraseology can be interpreted by different people in different ways depending upon the kind of positions we occupy, the ideology we have and the baggage we carry. Now that will always create problems of inconsistency and that is something that the industry wants is not necessarily concurrence to all their demands. It wants a climate of consistency - whatever is the law is applied to everyone uniformly and in all regions of the country equally.
Would you look at amendments to the law to rectify these problems?
I am nobody to look at the amendments.
But would you propose so?
Certainly the law needs to be changed. There is no doubt in my mind at all the law needs to be changed...but what we shall do is when the regulations come out (under the law) we shall try to put the logic of the regulations together with the regulations so that it becomes more comprehensible to all concerned of why we have gone the way we have.
But presumably, a lot can be done through amendment to regulations and rules but somethings will require amendment to the law?
Rules and regulations can only take place as per the law.
The food safety law is being amended?
Yes, the law certainly has to be sharpened.
Has the process for amending the law started?
The process started some time back. There is a committee constituted by the government and they have made some suggestions. I personally feel that it requires not amendments but it needs complete replacement of the law.
But I guess that is a decision to be taken at a higher level in the government
Yes.
FSSAI expansion plans shelved by government
Food safety authority considers moving away from enforcement in states
The plan to expand the Food Safety and Standards Authority of India (FSSAI) is proposed to be shelved by the government. In 2014, the government had mooted a draft cabinet note for a Rs 1,750 crore-central scheme for strengthening of FSSAI, e-governance, food safety surveillance and expansion of states’ capacity.
In contrast, a note written by the chairperson of FSSAI,Ashish Bahuguna on January 6, this year to his staff has suggested that the FSSAI would wind up its regional offices and leave enforcement of safety laws to state governments. With the Rs 800 crore support to states under the central scheme being shelved, Bahuguna has also recommended that regulations be amended, allowing state officials to monitor food safety as an additional duty and not necessarily on a full-time basis. He has also recommended that instead of setting up government labs to test food samples, as was previously planned, FSSAI should depend on private labs.
Bahuguna’s note comes after meetings in the Prime Minister’s Office (PMO) to assess the functioning of the Authority which functions under the health and family welfare ministry. FSSAI had faced pressure and flak from some quarters within the government for its battle with Nestle over the ban on Maggi noodles.
In the January 2016 note, Bahuguna states, “It is understood that we are required to revisit our proposal for strengthening the food regulatory system in the country.”
He goes on to say, “We could transfer all powers of enforcement to state governments and not keep any machinery centrally. The power to act upon violations of central licensing conditions etc could also be passed on to the state governments through appropriate provisions in the regulations.”
In an interview to Business Standard, he initially suggested that he had not made such recommendations but later said the note was more of a “brainstorming thing”. He described it as a shock and awe tactic to provoke out of box ideas in his team and not a final decision. He, however, also had several changes that have already been put in place. “I think what we have done is to rethink things through and look at whether those instruments are appropriate or not,” he said.
Pointing to weakness of existing food safety law, he also idisclosed that a government committee had already made recommendations to amend it, though he personally recommended a wholesale rewrite of the legislation.
At the moment, under the food safety law, certain functions of licensing and enforcement of food safety in the states are reserved only for central government officers posted either at Delhi or the regional offices. This, Bahuguna recommends, could be done away with. Since the note was authored, two sub-regional offices of FSSAI (in UP and Punjab) have been shut down. Some other changes that were recommended by Bahuguna have also been acted upon — the powers of inspection of imported food products have been handed over to customs officers in more than 50 locations, instead of enhancing presence of food safety experts of the authority.
In the note, he wrote, “Provisions for building infrastructure for the enforcement machinery at the state level could be best left to the state governments. We could, however, amend the regulations so as to provide scope for state government personnel to do food safety related work on additional charge basis.”
When asked, Bahuguna said, in many states food safety work was already being done by officers as an additional charge, despite the law providing otherwise.
He has asked that the work of state-level tribunals, specifically meant for food safety regulations, also be passed on to the consumer disputes redressal forums.
The scheme earlier mooted by the NDA government earmarked Rs 800 crore for “upgradation of manpower at the state-level”, “strengthening of food safety infrastructure at state-level”, “strengthening of state-level laboratories” and “setting up a robust surveillance system” apart from capacity building activities.
FSSAI chairman’s note also indicates that government has decided to revisit the proposal to build its laboratory network for testing food products. “Our efforts for the expansion of laboratory network should focus on the private sector. The regulations could be amended so that only failed samples from the private sector are sent to government labs for referral and final analysis. This too could be provided through amendment of the regulations,” Bahuguna wrote.
The FSSAI had earlier mentioned in its Result Framework Document of 2012-13 that its strategy was to “Build infrastructure for food testing through a network of reliable food testing laboratories.”
In the aftermath of losing the case against Nestle in Mumbai High Court, the FSSAI had also decided to seek time from the courts to enhance and accredit its laboratory network.
The draft cabinet note of 2014 for the centrally-sponsored scheme too mentioned that the funds would be used for “strengthening of central-level laboratories and establishment of National Food Science and Risk Assessment Centre.”
Bahuguna’s note concludes, “We would then be left with the freedom to perform our primary duty of risk analysis, standard setting, product approvals and generation of consumer awareness.”
During the interview, Bahuguna reiterated that he sees setting standards as the first priority of the FSSAI.
He said, in wake of greater devolution of funds to states under the finance commission, they could now build their own infrastructure.
Since the note was written, the FSSAI has eased the product approval regime for proprietary food – which did not have already set product-specific standards. It has moved away from setting standards for each new proprietary product. It also shut down two of its regional offices through an order on February 9, 2016 – in Punjab and Uttar Pradesh. The offices were asked to wind up operations by March 31, 2016. At the time of closure of these two offices, Pawan Agarwal, the CEO of FSSAI told the Times of India, “The decision to close down the two offices was carefully considered. They had limited staff and were not adding value. Our attempt is to downsize and rationalise our resources. We don't want food safety officials to be a nuisance to businesses. Rather we want citizens to have confidence in them.”
He told the news agency, PTI, “These (sub-regional offices) were aberration. Most of the licensing work is done online. On careful analysis, it was found that these two sub-regional offices were not contributing much.”
When asked if the regional offices of FSSAI could have done better enforcement if their staff and infrastructure was boosted up as previously planned, instead of shutting them down, Bahuguna said, “Yes if my aunt had moustaches she would be my uncle. That is no logic. The point is that there is no particular gain – and it is only the north zone that has these sub-regional offices (the two shut down). There is something unique about the north zone.” But, he reiterated that enforcement would not be side-lined. He also said he believed the focus of the FSSAI’s work should be more on other traditional foods rather than processed food industry.
Health products: FDA toothless after SC order
Nagpur: Putting aside all speculations of activists and complainants about the quality of nutraceuticals, food and health supplements available in the market, the Food and Drug Administration (FDA) has stopped the process of asking nutraceutical companies for withdrawal of controversial products from the market. It is only picking samples and sending them for testing as per the recent directives of the Food Safety and Standards Authority of India (FSSAI).
Three nutraceutical companies — Herbalife International India Pvt Ltd, Vestige Marketing Pvt Ltd and Sami Direct Marketing Pvt Ltd — were in news for quite some time due to various issues related to their products based on which there were directives from the FSSAI to withdraw these products from the market.
Activists and certain complainants were pressuring the local FDA to ask the respective companies to follow the FSSAI directives. Apparently, these companies had neither withdrawn the rejected products nor obtained the required NOC or obtained product approval from FSSAI.
But somehow, the FDA kept postponing any action. And luckily for the companies, the Supreme Court issued directives that there was no need for product approval by the manufacturer as FSSAI was just issuing these directives as an advisory body and was actually not empowered to do so.
Following this, the FSSAI has now issued an order dated March 30, 2016 saying that looking at the numerous representations received by FSSAI from Food Business Operators (FBOs) engaged in manufacture and distribution of nutraceuticals, food and health supplements regarding large scale enforcement activities being undertaken by state food safety departments, it has been decided that until 'standards' of nutraceuticals and supplements are notified enforcement agencies against FBOs may be restricted to just testing of products with respect to requirements given in the draft notification on such products uploaded on FSSAI website on September 9, 2015.
However, it goes with the rider that these products were available in market prior to FSSAI Act, FBOs had applied for product approval and decision was pending as on August 2015 and such products are explicitly covered under the draft notification. "We are bound by the FSSAI order dated March 30, 2016," said Shivaji Desai, the joint FDA Commissioner (food).
However, activist Sachin Khobrgade of Sangharsh Vahini says that though Section 22 of FSS Act 2006 has been discontinued until a new regulation regarding product approval comes, the Scientific Committee ordered the FBOs to stop manufacturing, sale and distribution of the products. He insists FBOs should share details of recalled products as per the same section.
Siddhivinayak laddoos get FSSAI's blessings via Project Ashirwad
‘Project Aashirwad’, the pilot aims at standardizing the process of preparing prasad at the temple's manufacturing unit and implement hygiene and safety practices that are in line with the FSSAI Act of 2011.
Nearly thirty crore people visit temples, mosques, churches & dargahs across India each day and most pilgrim centres have a long standing tradition of serving food or prasad. Given the quantity and scale of food being served to the masses, food safety regulator FSSAI has turned its attention to these centres.
The very famous Shree Siddhivinayak temple in Mumbai has adopted a unique food safety and hygiene project, reports CNBC-TV18’s Farah Bookwala Vohra.
Upto 1,00,000 devotees visit the Shree Siddhivinayak temple each day and when they leave, they carry not just countless blessings of God, but also the Prasad with them. Devotees consume this prasad with the faith that it is sacred and pure. Therefore to keep this faith alive, the temple is ensuring that it is prepared hygienically and is free from contamination. According to the temple authorities it is not just crucial to safeguard public health but also to preserve public faith.
The FSSAI and Association of Food Scientists & Technologists of India have joined hands with Siddhivinayak Temple to pilot the first-of-its-kind initiative in India. Titled ‘Project Aashirwad’, the pilot aims at standardizing the process of preparing prasad at the temple's manufacturing unit and implement hygiene and safety practices that are in line with the FSSAI Act of 2011.
Project Ashirwad has big plans - on its successful implementation, the FSSAI & AFSTI hope to implement it nationally at all pilgrim centers across faiths. However, the project is not free of challenges. The parties acknowledge that dealing with pilgrim centres is a sensitive matter and FSSAI practices, if flouted, cannot be dealt with by cracking the whip. Lack of awareness about safety and hygiene and in many cases, unacceptance of best practices can pose a hindrance too.
Currently, import of Chinese milk and milk products prohibited : Nirmala Sitharaman
According to an information given by Minister of State for Commerce & Industry, Nirmala Sitharaman in Lok Sabha on April 25, the import of milk and milk products – including chocolates and chocolate products and candies/confectionery/food preparations with milk or milk solids as an ingredient – from China is prohibited till June 23, 2016 or until further orders, whichever is earlier.
The written information added that the goods consumed by people vary in terms of characteristics and parameters, given the differentiated nature of consumer demand, which is true also for imported goods.
However, the Foreign Trade Policy (2015-2020) provides safeguards against poor quality imports by providing for Domestic Laws/Rules/Orders/Regulations/Technical Specifications/ Environmental/Safety and Health Standards applicable to domestically produced goods to be applicable, mutatis mutandis, to imports, unless specifically exempted, it was informed.A PIB release also informed that trade defence measures like anti-dumping duty and countervailing duty are available to industries to seek remedies under the prescribed provisions. Furthermore, for imported food and edible items, Food Safety and Standards Act (FSSA), 2006 and Rules there under are also applicable.
Apr 26, 2016
Hawkers’ menace!
With more than 4,500 already on rolls, MBMC asks FSSAI not to register illegal street food vendors in Mira Bhayandar
Unable to implement a permanent solution towards curbing the mushrooming hawker population in the twin-city, the Mira Bhayandar Municipal Corporation (MBMC) has now asked the Food Safety and Standards Authority of India (FSSAI) authorities to stop registering illegally operating roadside food vendors.
A central regulator operating under the aegis of the Minister of Health and Family Welfare, the FSSAI in an attempt to ensure that eatables being sold are safe and unadulterated has mandated all type of Food Business Operators (FBO) including road side food vendors to obtain a license or registration.
Since its inception in 2011, FSSAI’s - Food Safety and Standards Act, which replaced the Prevention of Food Adulteration Act, 1954, has registered around 4,500 road side food vendors and eateries in the Mira Bhayandar region. As per the provisions of the act food businesses with an annual turnover below Rs 12 lakh will have to get themselves registered while those with a turnover of Rs 12 lakh and more will have to obtain a licence.
Fee for one-year registration is Rs 100, while that for licence ranges from Rs 2,000 to Rs 7,500.
“Already armed with judicial orders pertaining to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, scores of fly-by-night operators are using the FSSAI registration’s as a tool to establish themselves as genuine and legitimate hawkers, thus thwarting our attempts to evict them, especially from designated no hawker zones.” said an MBMC officer. To address the issue the MBMC has asked the FSSAI not to issue licenses or registration to illegally operating hawkers. “ Yes, a meeting to discuss the matter was held at the MBMC headquarters recently.
Although they have verbally asked us from restraining registration of those operating from no-hawkers zone, an official request is yet to be received.”
confirmed a Food Safety Officer. According to the Street Vendors' (protection of livelihood and regulation of street vending) Act, 2014, 2.5% of the city's population will be eligible to be vendors.
Lizard in Pickle Story Fabricated: Osmania University
However, officials from the the hostel administration suspected it to be an act of mischief by some students as none of the the inmates reported sickness from Sunday morning - when the alleged incident was reported.
On Sunday morning at around 10.30 am four students, Ratnamala, Bhavani,Archana and Jyothi, staying in the second block of the women’s hostel, went to the mess for breakfast. It is said that they found a small lizard in the pickle served with Uttapam. They brought it to the notice of caretakers, and took photos of the food with lizard.
About 700 students pursuing post graduate courses are staying in the hostel. Officials from the university said that they enquired with the caretakers and students there, but did not find merit in the complaint.
Director of the OU Women’s Hostel, Dr K Shailaja said that she held enquiries about the incident on Sunday afternoon.”I could have said something about the incident, had I seen the lizard. I cannot tell if the lizard accidentally fell in the pickle or if the students dropped it in the food. No student has complained of vomiting or uneasiness from Sunday morning,” Dr Shailaja said.
She added that breakfast was being served from 8 am to 9.30 am, but the three students went to the mess at around 10.30 am
Syed Shahezadi, ABVP state joint secretary and a masters student from the OU, alleged that Dr Shailaja asked them to consume the food even after the complaint.
“When we took the issue to Dr Shailaja, director of the hostel, instead of assuring to solve the problem, she asked us to eat the food since others had it. We complained about the issue with the Prof E Suresh Kumar, registrar of the university, on Monday,”she said.
Food at OU Hostel Unhygienic, Complain Inmates
The complaint of lizard in food at OU Women’s Hostel mess may be a fabricated story. But, there has been complaints about the quality of food served to the students, which have gone unattended. Hostels recall alarming incidents where they found insects in the food served to them. Though no inmate fell sick after the alleged incident on Sunday, the students are not surprised to hear such complaints. They alleged that such incidents were common and their complaints fell on deaf ears. A women student, Harini, standing outside the gates of the OU Women’s Hostel, said that she once found an insect in food served to her. Syed Shahezadi said that they find insects and threads in food regularly. “Once we found a centipede in the food,” recounted Shahezadi.
Carbide Fruits: High Court for Vigorous Drive
The Bench, comprising acting chief justice Dilip B Bhosale and justice P Naveen Rao, was dealing with a taken-up case based on news reports on usage of calcium carbide and other hazardous chemicals to ripen fruits artificially in both the states.
The Bench asked both the state authorities to intensify raids and checks on fruit markets and sellers and not to confine the action plans only on papers for implementation of the Prevention of Food Adulteration Act and the Food Safety (Prohibition and Restriction in Sale) Regulations 2011 which bans the persons from selling fruits ripened by using chemicals.
Heat, Meat And The Truth About Your Local Butcher
Everybody in India has seen the ubiquitous meat shops with carcasses of goats hanging in the open, the butcher cutting off pieces for customers, and flies swarming all over. Let's not forget the yummy kebabs that my friends love, sold on the street near mosques especially during Ramzan.
I know a lot of people buy meat or chicken from these shops because it is generally cheaper and people think it is 'fresh'. However, usually, it isn't 'fresh' and most people in India are buying and cooking pathogen-infested, rotten meat.
Meat is an excellent source of nutrition, especially protein. The problem is that meat is also conducive to the growth of microbes, making it a product that spoils easily. This makes proper storage essential to ensure that meat retains its nutritional value and does not become a source of disease.
To ensure that meat remains fresh and doesn't spoil, it has to be stored at lower than 4°C immediately after slaughtering, during transport, and storage.
In order to ensure that meat remains fresh and doesn't spoil, it has to be stored at lower than 4 degrees Celsius immediately after slaughtering, during transport, and storage. This is critical in order to maintain the nutritional value and shelf life of meat. However, a walk down the road anywhere in India makes it obvious that this isn't happening. It has been reported that, in India, over 99% of food is sold by traditional retailers (kirana stores, local butcher shops, etc.), with only 5% of all poultry output being marketed in processed form.
A study on street food made with poultry in Hyderabad found that a lot of it was contaminated with Staphylococcus aureus and/or bacillus cereus. Staphylococcus aureus is a common cause of skin and respiratory infections, and food poisoning. The study also found that only 7% of the vendors used refrigerators to store their poultry products before cooking. Refrigeration is necessary in a country like India since higher temperatures are more conducive to microbial growth. The same study found that chicken fried rice was the most contaminated among poultry-based street food in Hyderabad. Another study found a significant co-relation between literacy and standard of living and certain food safety practices. It found that over 82% of consumers don't have refrigerators. This is a huge food safety problem in a tropical country like India, where temperatures routinely cross 40 degrees Celsius.
If you buy meat from the local butcher, make sure that the animal is slaughtered right then, and ALWAYS immediately store the meat in the freezer.
In order to combat this problem, India needs to urgently develop its cold storage industry, beginning with the farmer and ending with the consumer. Our lack of an adequate cold storage chain is not just a food safety problem; but a huge amount of food produced in India also ends up being wasted because of a lack of proper storage facilities. I believe that in a country with malnutrition levels like India, this is a criminal waste. Things are, however, getting better. In the latest budget, the Government permitted 100% Foreign Direct Investment in the food processing sector. This will hopefully pave the way for better infrastructure at all levels.
The wastage problem aside, I strongly recommend that people buy their meat only from a store or supermarket which has a good cold storage system, and keeps the meat on ice or in the freezer. If that isn't possible, and you are forced to buy meat from the local butcher, make sure that the animal is slaughtered right then, and ALWAYS immediately store the meat in the freezer.
FSSAI License – retailer to e-tailer
The Food Safety and Standards Act 2006, and Registration of Food Businesses Regulations, 2011, and Amendment Regulations, 2014 (FSSAI) regulates, manufacture, storage, distribution, sale, and import of food to promote health and safety of consumers. It governs people involved in any food business, whether manufacturing or selling, and food business operators. These include shops, stalls, hotels, restaurants, airline services, and food canteens, places or vehicles where any article of food is sold or manufactured or stored for sale.
Like our local retail/wholesale shops, E-commerce companies have become e-tailers from whom we can buy anything online, any time, including various food products. So FSSAI authorities, by way of various statements in the media, have clarified that e-tailers will also be required to obtain license/registrations under FSSAI and comply with other relevant regulations.
“These e-commerce players are also selling food products or dealing with the food business in one form or another on their platforms. And food and food businesses come under the ambit of FSSAI, so they have to register with us,” says Ashish Bahuguna, Chairman of FSSAI.
E-commerce companies primarily function in the following ways:
Marketplace – where they act purely as platform providers/directories for buyers and sellers. Their revenue model is service charges and advertising
Retailing/wholesale – where they sell the products under their own brand or any other brand and the revenue is income from sale of goods
Hybrid – where they function as a marketplace and also as a retailer/wholesaler and the revenue is service charges and income from sale of goods
FSSAI regulations will have different impact on each business model.
In the case of the Marketplace, since it is not dealing in food in any way, but only acting as a directory or a platform to showcase the food vendors and their products, the regulations regarding FSSAI registration/licenses can’t be invoked . If a platform like Zomato and online directories are liable to be registered under FSSAI, then Google, which is largest platform provider for any type of goods and services should also get registered under FSSAI. Likewise, Just Dial, Yellow Pages, or other forms of media, where we can search for food vendors should also get registered with FSSAI. At the very least, such platform should only list vendors who are registered under FSSAI and are ensure compliance of FSSAI regulations.
In the case of Retailers/Wholesalers, they will be required to get licenses/registration under FSSAI for each category, be it importers, retailers, wholesalers, storing, and processing, and for each location they operate in. FSSAI regulations also provide for centralised registrations of large retailers and wholesalers exceeding turnover Rs. 20 – 30 crore, annually, or those who store food products beyond 50,000MT. Further, they will also be required to comply with requirements relating to:
Packing and labeling of various foods items. Every package should clearly list details such as ingredients, date and place of packing, name and address of manufacturer, marketer, and FSSAI license number.
- Standards of quality prescribed for various food items
- Use , quality, and quantity of various ingredients
- Maintenance of records, filing of returns, and intimations with the authority for any changes in particulars of registration/license
If any person or food business operator (except those exempt from licensing under Sub-section (2) of Section 31 of this Act), himself, or by any person on his behalf, who is required to obtain a licence, manufacturers, sells, stores, or distributes or imports any article of food without licence, he shall be punishable with imprisonment for a term which may extend to six months, and also with a fine of upto Rs 5 lakh. If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, or if no punishment is specifically provided for any contravention in the regulations, then he shall be punishable with imprisonment for a term, which may extend to three months and also with fines, which may extend to Rs 2 lakh. More stringent penal provisions exist for selling low-quality food products.
So, on one side e-tailers are expected to analyse their business models and accordingly adhere to FSSAI regulations; on the other, the department should not insist on registration/licences for the marketplace model.
FSSAI regulations were primarily introduced to ensure good quality food is offered to consumers. Since e-tailers have become a part of our daily shopping lives, and we purchase articles such as grocery, packed food, etc., it is essential to regulate them in the same way as our local food vendors. In fact, food chains like Pizza hut, Dominos who take orders online are already registered with FSSAI.
Now e-tailers have to ensure that vendors, who are selling goods online are registered with FSSAI, so that the concerned department can ensure that food products sold are as per prescribed standards, and that vendors are complying with other applicable rules.
Such technology-based companies can ensure compliance by integration of technology and compliance. Visualise an automated compliance management system that identifies the applicable and relevant compliances; assigns the due tasks; tracks and monitors the progress of the pending tasks; and reports the status of all due compliance tasks not only of the e-tailor, but also of the various vendors selling goods on their platform. This will enable e-tailers to track non-compliant vendors and can restrict them from selling on their platform. Compliance Management tools take the ease of compliance to another level by building a comprehensive library of acts and laws and a complete repository of the required documents
These tools are cost-effective as it does not require any capex on the server or the creation of a library. These tools can be accessed 24X7 from anywhere.
If an enterprise is adhering to product-related regulations like Food Safety, BIS, Legal metrologies, etc., then their products are more acceptable and the business is insured against regulatory risks.
PIL AGAINST FOOD ADULTERATION-HC slams JK Govt: ‘ You need people only during voting; then you don’t care for them’
“ All those responsible to check this adulteration probably have forgotten to perform their statutory duty,” the bench observed while hearing a Public Interest Litigation against food adulteration.
The observations came after the bench was informed that there are no Food Analysis Laboratories in the state.
“ The statement made at bar by learned counsel for the respondents and even by Commissioner Food Safety is enough to shake conscience of every sensitive soul, in so much as, there is no paraphernalia available in the state of Jammu and Kashmir in accordance with the mandate contained in provisions of Jammu and Kashmir Food Safety and Standards Act, 2006,” the bench observed.
The court however directed the government to furnish by April 27 details about the paraphernalia available with it to curb food adulteration in the state.
Expressing dissatisfaction over the status report filed, the court observed that the report does not comply with its directions issued on last date of hearing.
“ By or before next date, the information sought by the court on last date and suggestions made by the learned Amicus shall be adequately responded,” the bench said.
COURT WATCH
Disapproving government’s approach to “ wink” at a serious issue of food adulteration, the bench made strong observations. “ You need people only at the time of voting and thereafter don’t care for them even though they consume dangerous adulterated food stuff,” it observed.
“ People don’t matter for you, money matters. How you allow people to consume food stuff which is not being cross- checked. How is the food stuff being permitted to trickle in the market if you have no testing labs? There is nothing but nexus,” the bench observed. “ Who will compensate those who suffer from chronic fatal diseases?” Observing that food processing units under the Act must have their own laboratories to test and certify products, the bench asked: “ How they have been given licenses without verifying whether the testing laboratory is available or not?” Senior Counsel and Amicus in the case, Bashir Ahmad Bashir pleaded that Drug and Food Control Organization is headless as the Health Commissioner has been given additional charge while as per the Act the Commissioner should be appointed substantively and independently on the post.
The Amicus pleaded that despite court directions for furnishing names of the concerned officials working in the department under the Act, none was provided, which, he said, made the compliance more doubtful.
“ Four years ago the government assured the court that there will be a full- fledged Food Safety Commissioner but there is still none,” he pleaded.
On April 13, the High Court while taking on record suggestions made by Amicus on curbing of menace of food adulteration, had directed the government to file response to the suggestions.
After taking suo- moto cognizance of news reports in Greater Kashmir on food adulteration and rising cancer incidence in the Valley last month, the High Court treated the reports as a Public Interest Litigation and initiated its own proceedings against the government.
Food Safety Act a damp squib in JK, thanks to official apathy
Five years later, another communication vide No. PA/K/Acct/2014/319-321 dated March 13, 2014 reads: “Matter regarding manpower and equipment in Public Health Laboratory Kashmir be taken up on priority as health of people is at stake.”
Authorities in Jammu and Kashmir have bluntly ignored pleas for increasing manpower or augmenting infrastructure at Kashmir’s Food Testing Laboratory to curb the menace of food adulteration in the state.
A letter dated May 20, 2009 vide No. PFAK/Estb/32—addressed to Controller Food and Drugs J&K from Public Analyst Kashmir—reads: “The undersigned is not in a position to withstand heavy load of (food) samples…The technical staff at present in this laboratory is one public analyst and one laboratory assistant, besides the office staff which is completely against the prevention of Food Adulteration Act and its Rules.”
Five years later, another communication vide No. PA/K/Acct/2014/319-321 dated March 13, 2014 reads: “Matter regarding manpower and equipment in Public Health Laboratory Kashmir be taken up on priority as health of people is at stake.”
The letter also gives reference to six letters on the issue directed to Commissioner Food Safety and to other officers, including Deputy Commissioner Srinagar, in a span of five years.
Over the years, the Food Safety and Standards Act has been confined to papers only, with successive state government turning a blind eye towards acute shortage of staff and equipment at the Laboratory which is in turn resulting in compromise with health of people and exposing them to foods that are adulterated and contaminated with dangerous chemicals, even including carcinogens.
In February 2014—and also in March 2014—a number of directions were passed to Food Safety Department by the J&K High Court to improve the manpower and equipment scenario, and ensure safety of edibles. One of these directions, passed March 24, 2014 in a Public Interest Litigation reads: ‘Respondents (State of J&K and others) shall initiate process to fill up various posts provided under the Act (FSSA 2006), vacant as on date and file status report regarding state of selection process.’ Similar directions had been passed in November 2013.
On February 4, 2014, the Supreme Court in case 3526/2014 (arising out of above PIL 01/2012) noted that “implementation of the provisions of the Act (FSSA 2006) in Jammu and Kashmir has been somewhat tardy.” The apex court directed that “J&K will file a report before this court with regard to the state of implementation of the provisions of the Act including the manpower available to ensure such implementation.’
While the State did file compliance report, it reportedly gave an ambiguous status of the issue. “A meeting was convened under the Chairmanship of Chief Secretary of the State and the posts of Assistant Commissioner Food Safety created vide government order no. 200-HME of 2013 dated 25-03-2013 were got filled on officiating basis by placing the eligible food inspectors (Food Safety Officers) incharge of these posts…”
There was no addition of manpower but reshuffling and renaming was flaunted as an achievement, an official said.
The Compliance Report submitted also states that a “proposal for strengthening and upgradation of food testing laboratories is under consideration of the government. And a proposal for strengthening of Food Safety Organization in the state is under active consideration.”
However, the ground situation has remained unchanged. Out 16 sanctioned posts of Technical Staff at Srinagar Food laboratory, 13 are vacant. Out eight sanctioned administrative staff positions, four are vacant.
There is no equipment to test residual pesticides, residual antibiotics and toxic metals; there is no spectrophotometer for detection of coloring agents, no equipment for detection of microbes, pathogens or even synthetic milk.
“There has been complete disregard to Food Safety, blatant contempt to court directions,” a senior healthcare expert said.
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