Jul 24, 2012

DINAKARAN NEWS


Food supplements makers in TN to move court seeking amendment to FSSA rules

Technical and legal hurdles in obtaining product approval certificates, which are mandatory for getting the new FSSA licence, are forcing the newly formed Tamil Nadu Food Supplement Manufacturers and Traders Association (TFSMTA) to launch a legal battle over the issue, it is learnt.

According to Thomas Philip, the advisor of the Association and the managing director of Stamin Millennium Nutraceuticals, the stringent norms in the Food Safety and Standard Act (FSSA) 2006 obstructs the growth of the industry and creates problems to the manufacturers. He argues that there is no need of product approvals and the provision should be quashed.

“Our Association will approach the court seeking amendment to quash the provisions demanding product approvals. Government is now insisting product approvals (PA) for even ordinary products like milk protein, whey protein etc., which have been in the market for decades. Previously, Prevention of Food Adulteration (PFA) licence was enough for manufacturing food products. PFA licences were issued by the district health officials. Now for getting FSSA licence, we have to submit PA certificates for which we should approach the Delhi FFSA office,” he told.

As per the Act, if a new ingredient is added in the product, the product has to be subjected to toxicology test, heavy metal test and microbial test before applying for product approval. For each test, an SSI unit has to spend more than Rs.8,000. Most of the small scale units bring out more than one hundred products also. “So, the provision of product approval certificate has to be withdrawn and it is unwanted,” he opined.

Fortius Mohan, the president of TFSMTA said all the manufacturers are in a quandary now in respect of the PA. He said ten members from his Association applied for the FSSA licence in last March because of the expiry of PFA on March 31. But nobody was given the licence so far despite several trips were made to New Delhi. From April this year onwards, the health department has stopped issuing PFA licence.

Currently the Association is confining in Chennai district only, but the activity will be expanded to all the states soon by increasing the membership. There are over 300 food supplements manufacturers in Tamil Nadu, some of them are members of CIPMMA. But after getting registration for the Association, TFSMTA will join the Tamil Nadu Pharmaceutical Manufacturers Association, he added.

Meanwhile, the implementation of FSSA has also created embarrassment for the medical retailers as the act mandates every trader who sells packed food items to obtain food licence from the State Food Commissionerate. Food items come under dietary supplements such as Bournvita, Farex, Amul, Complan, Boost etc. and are being sold through medical shops. Therefore, separate licence is required to sell these items.

The state chemists and druggists association (TNCDA) approached the Commissioner of FDA requesting him to exempt the drug traders from taking separate licence for selling dietary supplements.

When contacted, G Selvaraju, the drugs control director, said as per the act, every manufacturer or trader who has an annual turnover of Rs.12 lakh has to obtain PA or food licence from FSSA office and those whose turnover is less than Rs.12 lakh has to register with the Commissionerate. In Tamil Nadu the FSSA 2006 came into force on August 8, 2011.



Waiter! What’s that wriggling in my soup?


FOOD FOR THOUGHT: A BBMP councillor said of the surprise inspections: ‘No hygiene was maintained and vermin were having a field day.’ File photo: V. Sreenivasa Murthy
The Hindu FOOD FOR THOUGHT: A BBMP councillor said of the surprise inspections: ‘No hygiene was maintained and vermin were having a field day.’ File photo: V. Sreenivasa Murthy
Don’t you just wish you could see what’s going on in the kitchens of even the poshest eateries in the city?
Ramanujam Krishna (name changed), a working professional, does not eat out often. He has a good reason. He still shudders at the memory of falling seriously ill after grabbing a quick bite at a famous eatery in Jayanagar 4 Block.
“I had roti and some subzi. Within minutes I had severe stomach cramps. It got so bad I left work early and went straight to the doctor, who diagnosed it as severe food poisoning. I wanted to complain about the hotel but didn’t know whom to approach,” he said.
The ubiquitous bug
Anirudh Mavanoor, who frequents a popular coffee chain, was shocked to see a cockroach traipsing over a sandwich kept at the display counter.
“When I pointed it out to the manager, he removed the cockroach but kept the sandwich back. It was only when I insisted that he throw it that he grudgingly did so,” he said.
These two cases are not surprising as the frequent raids by the Bruhat Bangalore Mahanagara Palike (BBMP) Standing Committee for Public Health have caught several renowned hotels and eateries serving inferior quality, sometimes even stale food.
Heavily spiced
However, citizens say that random raids serve no purpose. Kumar G. (name changed), who used to work in the food industry, says mid-segment eateries routinely procure rotten vegetables and meat of poor quality at half the price, and marinate them in heavy spices to mask the taste. “Rice is also recycled. Rice made in the afternoon is washed thoroughly to separate the grains and is then turned into fried rice. Whatever is left over becomes curd rice,” he said.
If this has curdled your stomach, there’s more. Mr. Kumar said meat is salvaged from the gravy and washed, and becomes kebabs the following day. “The small eateries are not the offenders here. As they lack storage space, they plan properly and ensure there’s no leftover food. Big hotels, restaurants and eateries are the major offenders. To save money, they procure bad quality vegetables and meat, thereby risking the health of customers,” he said.
Rotten meat
S. Venkatesh Babu, chairperson of the BBMP Standing Committee for Public Health, told The Hindu that during a recent surprise inspection, he was shocked to see rotten meat stored in refrigerators, unwashed utensils being used in the kitchens and liberal quantities of food colouring and monosodium glutamate (ajinomoto). “In some places, the washing and cooking areas were adjacent. No hygiene was maintained and vermin were having a field day,” he said.
He has received nearly 60 complaints, both oral and written, from citizens about poor quality of food served in the many hotels and eateries across the city. “The committee will look into all these complaints by raiding the eateries. The drive is to ensure that they maintain cleanliness and don’t risk public health,” he said.
However, BBMP’s Opposition Leader M.K. Gunashekar said these raids serve no purpose. “One of the obligatory duties of the BBMP is to maintain public health. However, it lacks the requisite manpower and thus has not been able to monitor quality, ensure prescribed standards, and enforce the Food Safety and Standards Act. I feel that the BBMP is not taking this issue seriously enough,” he said.
Any follow-ups?
As per the Karnataka Municipal Corporations Act 1976, the BBMP has the powers to inspect and close down places that serve stale or inferior quality food, besides cancelling their trade licence. “The Standing Committee is only levying penalties and issuing notices. What happens next? Have there been any follow up inspections?” Mr. Gunashekar asked.
Mr. Venkatesh Babu said that after the notices are issued, the establishment is shut down. “We will permit it to be opened only after the owner comes back with a report on the changes. Only after this is ascertained, the owner is allowed to start business again,” he said.
Inspectors’ shortage
BBMP Commissioner M.K. Shankarlinge Gowda conceded that there was shortage of food inspectors in the BBMP to enforce the Food Safety and Standards Act.
He said that owners of hotels and eateries must take the onus and ensure that their premises are kept clean and public health is not put at any risk. “The new Act is much more stringent than the previous Act (Prevention of Food Adulteration Act). We have urged the government to allow the BBMP to recruit more food inspectors,” he added.

Health and safety: New food laws brings back license raj

Millions of food sellers across the country could go out of business from the night of August 4 when a new licence-inspector Raj - in the garb of food safety regulations - comes into force.
Anybody engaged in selling anything edible - roadside tea stalls, dhabas, fruits and vegetable hawkers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors - will have to obtain a new food safety licence by August 4.
Even trucks and other vehicles engaged in transporting food will have to obtain licences.
Dictatorial: The new laws will affect all kinds of eateries including street food dhabas Dictatorial: The new laws will affect all kinds of eateries including street food dhabas
'Unlicensed food businesses will become illegal after August 4,' the Food Safety and Standards Authority of India (FSSAI) has declared.
Food safety licence is in addition to all existing licensing requirements from different government agencies.
Those who fail to get a licence will have to either close down their business or shell out heavy penalties ranging from Rs 25,000 to Rs 10 lakh if they continue without licence or registration. In Kerala and Maharashtra, where the governments have already begun enforcing the new regulation, several hundred food vendors and petty restaurants have been ordered to close down. In Delhi, the registration process is yet to begin.
The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011, under which the August 4 deadline has been fixed, would particularly hit millions of street vendors and petty food businessmen.
High market restaurants such at the Moti Mahal in Delhi (pictured) will not be exempt from the laws High market restaurants such at the Moti Mahal in Delhi (pictured) will not be exempt from the laws
Several food operators Mail Today spoke to in the Capital on Monday had not even heard of the new requirement. 'The regulation is impractical, undemocratic and dictatorial.
'We don't know if it will ensure food safety, but it will certainly breed corruption and harassment at unprecedented levels,' Shyam Bihari Mishra, head of the Kanpur- based Bhartiya Udyog Vyapar Mandal, said.
'The regulation is a mere copy of food safety laws prevalent in developed countries, completely overlooking ground realities here.'
The National Association of Street Vendors of India (NASVI) said though the process would help vendors get some kind of legitimacy, it would open doors for widespread harassment.
'It is supposed to ensure street food vendors observe better hygiene standards, but the deadline is unrealistic. Failure to obtain registration certificate would entail closure of operations,' Arbind Singh, national coordinator of the association, said. In order to get registered or licensed, food business operators will have to fulfil many safety, hygiene and sanitary conditions.
While conditions set for street vendors are designed to ensure hygiene and safety in general and would be welcomed by most consumers, implementation poses problems. 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.
The procedure for both categories is elaborate and timeconsuming. Documents from a list 18 will have to be submitted depending on the nature of business

New food safety regulation could force many to close shop

Millions of food sellers across the country could go out of business from the night of August 4 when a new licence-inspector Raj - in the garb of food safety regulations - comes into force.
Anybody engaged in selling anything edible - roadside tea stalls, dhabas, fruits and vegetable hawkers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors - will have to obtain a new food safety licence by August 4. Even trucks and other vehicles engaged in transporting food will have to obtain licences.
"Unlicensed food businesses will become illegal after August 4," the Food Safety and Standards Authority of India (FSSAI) has declared.
Even posh restaurants will need to get the licences if they want to stay open.
Food safety licence is in addition to all existing licensing requirements from different government agencies. Those who fail to get a licence will have to either close down their business or shell out heavy penalties ranging from Rs.25,000 to Rs.10 lakh if they continue without licence or registration.
In Kerala and Maharashtra, where the governments have already begun enforcing the new regulation, several hundred food vendors and petty restaurants have been ordered to close down. In Delhi, the registration process is yet to begin.
The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011, under which the August 4 deadline has been fixed, would particularly hit millions of street vendors and petty food businessmen. Several food operators Mail Today spoke to in the Capital on Monday had not even heard of the new requirement.
"The regulation is impractical, undemocratic and dictatorial. We don't know if it will ensure food safety, but it will certainly breed corruption and harassment at unprecedented levels," Shyam Bihari Mishra, head of the Kanpur-based Bhartiya Udyog Vyapar Mandal, said. "The regulation is a mere copy of food safety laws prevalent in developed countries, completely overlooking ground realities here."
The National Association of Street Vendors of India (NASVI) said though the process would help vendors get some kind of legitimacy, it would open doors for widespread harassment. "It is supposed to ensure street food vendors observe better hygiene standards, but the deadline is unrealistic. Failure to obtain registration certificate would entail closure of operations," Arbind Singh, national coordinator of the association, said.
In order to get registered or licensed, food business operators will have to fulfil many safety, hygiene and sanitary conditions. While conditions set for street vendors are designed to ensure hygiene and safety in general and would be welcomed by most consumers, implementation poses problems.
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. The procedure for both categories is elaborate and timeconsuming. Documents from a list 18 will have to be submitted depending on the nature of business. Fee for one-year registration is Rs.100, while that for licence ranges from Rs.2,000 to Rs.7,500. Some categories of food operators will also have to file annual returns to the food regulator.
Others in the food business such as grocery stores, smalltime manufacturers of 'ghani oil' and cottage bakeries which cater to roadside vendors are also apprehensive of the new rules. "What is the logic of including grains and spices, which are not processed, under the regulation. Already we are burdened with a plethora of licences and have to deal with so many agencies," Daryaganj Kirana trade leader Vijay Prakash Jain said.
More than food safety, the regulations seem to be designed to promote packaging of products in order to help large manufacturers, traders pointed out. For instance, the rules virtually ban selling of any unpacked edible oil. Similarly, biscuits and cookies from all bakeries will have to be "properly wrapped/packaged".
The number of street vendors engage in food business is estimated to be over one crore. The number of traders dealing with grains, edible oil, sugar and spices who will need to be licensed is about 3.5 crore.
Q&A
What is the logic behind the new regulation?
The regulation has been notified under the Food Safety and Standards Act 2006 which covers a gamut of food safety issues and supersedes earlier laws such as the Food Adulteration Act. In order to enforce basic hygiene and sanitary conditions at all installations handling food, the authority feels all food businesses need a licence so they can be made to follow set norms and can be punished in case they don't do so.
Who will be affected?
The licensing regulations notified under the Act covers the entire food chain: manufacturers, packers, wholesalers, distributors, sellers, importers, transporters, processors and food storage establishments. All street food vendors, fruit and vegetable sellers, roadside tea shops, dhabas, sweet shops, hotels, restaurants, canteens, caterers, religious places distributing food, milk dairies, grocery stores, food malls, bakeries and edible oil units will either need a licence or registration.
What is wrong with the system?
The licensing and registration procedures will drive millions of street vendors and food sellers out of business. The law empowers state food authorities and inspectors with powers to order units and impose heavy penalties with a minimum of Rs.25,000.

Licence deadline for food business operators

DIMAPUR, July 23 – Food Safety and Standard Authority of India (FSSAI) has set August 4, 2012, as the deadline for food business operators to obtain food licenses from respective local health authorities, but with the Nagaland government yet to issue any notification or authorisation for implementation of the same, food product distributors, wholesalers and traders alike are in a fix.
Shopkeepers and dealers/distributors of food products here have reportedly been told by the office of the Local Health Authority, Dimapur, that it cannot issue the FSSAI license since the State government is yet to notify the office on the matter.
As per the directives of the central Ministry of Health & Family Welfare, all businesses related to food will become illegal without the FSSAI license after August 4.
In Nagaland, besides few cottage industries and processing units, the food business is pre-dominantly wholesalers, distributors and sellers. Those in the food supply chain told by the FSSAI to obtain the license include food importers, hotels, restaurants, clubs/canteens, caterers, transporters, storage establishments, processing units, etc. 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.
The Health Ministry had already notified all state governments in April 2011 for commencement of the FSSAI 2006 Act under the Second Schedule and had given a three-month room as transition period.
Sources maintained that the authority concerned in the State had been reminded of the matter time and again but said no response has been forthcoming.
Mandatory statutory authorities that need to be positioned as per the Food Safety Act include Designated Officers (DOs), Food Safety Officers (FSOs), Adjudicating Officers and Food Safety Appellate, Tribunals etc, all of which, sources say, are yet to be implemented.
Local health authorities, when contacted, admitted that they are yet to receive any notification from the higher-ups for issue of the license and that no licensing authority has been appointed either for which reason they cannot issue the license although the deadline is drawing near.
Barring the PFA Act, the central government had repealed the enactment and orders in the Second Schedule of the Food Safety & Standard Act 2006 and amalgamated them under one Act. The licensing authority for most of the Food Acts is now vested upon the State health authority. Earlier, such licenses could be obtained only from the Centre.
The FSSAI, in its directive, categorically states that no person shall commence or carry on any food business except under a License under section 31 of FSS (licensing and registration of food businesses regulations 2011).
This has understandably got food dealers (distributors, exporters and traders) seriously worried as they stand to lose their businesses and investments. They say that no food company would be willing to supply their products if they (distributors) are unable to furnish the FSSAI license.
And, at the end of the day, it will be the consumers who will bear the brunt of the situation as a disruption in the supply of food products will trigger a chain of consequences leading to a steep price hike in essential food items.

Deadline for Food Business Operators to Obtain Licenses, But Nagaland Yet to Issue

Food Safety and Standard Authority of India (FSSAI) has set August 4, 2012, as the deadline for food business operators to obtain food licensesfrom respective local health authorities, but with the Nagaland government yet to issue any notification or authorisation for implementation of the same, food product distributors, wholesalers and traders alike are in a fix. Shopkeepers and dealers/distributors of food products here have reportedly been told by the office of the Local Health Authority, Dimapur, that it cannot issue the FSSAIlicense since the State government is yet to notify the office on the matter. As per the directives of the central Ministry of Health & Family Welfare, all businesses related to food will become illegal without the FSSAI license after August 4.
In Nagaland, besides few cottage industries and processing units, the food business is pre-dominantly wholesalers, distributors and sellers. Those in the food supply chain told by the FSSAI to obtain the license include food importers, hotels, restaurants, clubs/canteens, caterers, transporters, storage establishments, processing units, etc. 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. The Health Ministry had already notified all state governments in April 2011 for commencement of the FSSAI 2006 Act under the Second Schedule and had given a three-month room as transition period. Sources maintained that the authority concerned in the State had been reminded of the matter time and again but said no response has been forthcoming.
Mandatory statutory authorities that need to be positioned as per the Food Safety Act include Designated Officers (DOs), Food Safety Officers (FSOs), Adjudicating Officers and Food Safety Appellate, Tribunals etc, all of which, sources say, are yet to be implemented.
Local health authorities, when contacted, admitted that they are yet to receive anynotification from the higher-ups for issue of the license and that no licensing authority has been appointed either for which reason they cannot issue the license although the deadline is drawing near. Barring the PFA Act, the central government had repealed the enactment and orders in the Second Schedule of the Food Safety & Standard Act 2006 and amalgamated them under one Act. The licensing authority for most of the Food Acts is now vested upon the State health authority. Earlier, such licenses could be obtained only from the Centre.
The FSSAI, in its directive, categorically states that no person shall commence or carry on any food business except under a License under section 31 of FSS (licensing and registration of food businesses regulations 2011). This has understandably got food dealers (distributors, exporters and traders) seriously worried as they stand to lose their businesses and investments. They say that no food company would be willing to supply their products if they (distributors) are unable to furnish the FSSAI license. And, at the end of the day, it will be the consumers who will bear the brunt of the situation as a disruption in the supply of food products will trigger a chain of consequences leading to a steep price hike in essential food items.

FOOD MAP OF INDIA


PIL seeks ban on sale of tobacco products

Cancer Patient Aid Society, a Mumbai-based NGO recently moved the Karnataka High Court seeking a ban in Karnataka on sale, storage and distribution of gutka, paan masala and all other forms of chewing tobacco containing tobacco and nicotine as ingredients. The PIL has been filed as per provisions of Food Safety and Standards (Prohibition and Restrictions on Sales), Regulations, 2011.

The petitioner also sought implementation of notification issued by Union ministry of health and family welfare on August 1, 2011. The PIL states that non-implementation is a clear violation of Right to Life under Articles 21 and 47 of the Constitution.

A division bench presided by Chief Justice Vikramjit Sen on July 16, 2012 issued notices to the Food Safety and Standards Authority of India and Karnataka State Anti-Tobacco Cell.

Under-15 kids smoke, chew gutka

BANGALORE: About 50% children below the age of 10 in rural Karnataka have experimented with smokeless tobacco (like gutka and khaini) or smoking tobacco, imitating parents, grandparents and other elders in the family, says a recent study by Tata Institute of Fundamental Research and Tata Memorial Hospital, Mumbai. As per the 2010 Global Adult Tobacco Survey, 40% males and 16% females above the age of 15 years use tobacco in Karnataka, and 37% of them are exposed to passive smoking at public places. As per the Global Youth Tobacco Survey, 8% boys and 2% girls in the 13-15 age group are tobacco users, while 47% are exposed to passive smoking outside their homes.
Yet, a year after the Centre asked all states to ban sale of smokeless tobacco products like gutka and khaini, the Karnataka government is yet to get going. On August 1, 2011, the Food Safety and Standards Authority of India, of the ministry of health and family welfare, had issued a notification stating that tobacco and nicotine should not be used as ingredients in any food products. It also said that all smokeless tobacco products such as gutka and khaini be banned.
BAN UNDER CONSIDERATION
"The commissioner of food safety recently sent a proposal to the health and family welfare department, recommending a ban on gutka and smokeless tobacco products in Karnataka, which is under consideration," said Dr EV Ramanna Reddy, secretary, health and family welfare department.
So far, only five states, including Kerala and Maharashtra, have banned the sale of gutka. On July 12, 2012, Maharashtra took a step forward and also banned the sale of paan masala.
Karnataka is in a vulnerable position as far as the ban on gutka and smokeless tobacco products is concerned. Neither has it taken any remedial steps in this direction.
"There is no governance in Karnataka to take care of this issue. Sale of chewing tobacco and its accessibility to young children is harming our society. Oral cancer is spreading fast in India. As a specialist, I see at least one oral cancer patient a day in the age group of 30-32 years. This shows that tobacco products are easily accessible to the youth," said Dr US Vishal Rao, leading oncologist and director, Cancer Prevention Project, at the Institute of Public Health.

Times View

It's been a year since the ministry of health banned tobacco products like gutka and khaini, but there is little evidence of it in Karnataka. The state government has not taken any steps to end the menace, though the effect of tobacco on public health is known. While five states, including Maharashtra, have ensured stringent measures, Karnataka is yet to wake up. Tobacco products are freely available and children are falling prey to the addiction. Eventually, it is up to the people to spread awareness on tobacco's killer effects

ADDC Doda compounds fine of Rs. 4000/-


Doda:- Additional District Development commissioner Doda compounded a fine of Rs4000 to food business operators in four cases of misbranded/sub standard food articles under FSS Act-2006 and rules 2011.these food articles were lifted by food safety officers of district Doda from various blocks for analysis and same were declared misbranded/ substandard by Food Analyst Jammu.

DINATHANTHI NEWS