Nov 23, 2012

Court SC cracks whip on soft drinks 'toxins'

The Food Safety and Standards Authority (FDA) of India was today asked by the Supreme Court to file "records" of the proceedings of its various panels, set up on apex court's order, passed during hearing of a plea on harmful effects of chemicals and toxins in carbonated drinks.
"Produce records. Put up for hearing on December 3," a bench of justices K S Radhakrishnan and Dipak Misra said.
The court gave its direction after advocate Prashant Bhushan, appearing for NGO Centre For Public Interest Litigation (CPIL), alleged that instead of an expert panel,
another FSSAI panel on labelling and claims/ advertisement considered the grievance of additives in carbonated drinks.
"It should have been done by the expert committee which could have considered the issue of additives in carbonated beverages. The issue, however, was considered by a technical committee of FSSAI that is Scientific Panel on Labelling and Claims /Advertisement...
"It seems that this report was given by the cola industry people and an assistant director of FSSAI has simply submitted it," Bhushan alleged and sought a direction to FSSAI to submit the minutes of its various meetings on the issue.
The apex court had asked FSSAI on February 8, 2011 to set up independent scientific panels to examine harmful effects of chemicals in carbonated beverages.
FSSAI panel later passed an order on September 12 after examining various ingredients of carbonated beverages such as artificial sweetener, phosphoric, malic and citirc acid, carbon dioxide, colouring agents, benzoic acid and caffeine.
It said in its order that these ingredients, under prescribed limits, would pose no health hazards.
FSSAI's Scientific Panel On Labelling and Claims / Advertisement, in its order, said, "The expert group reviewed the scientific studies and FSS Regulations, 2011 and confirmed the following:
"All ingredients mentioned above are within the levels as prescribed in the FSS Regulations, 2011 as per the 'Analytical Data on Carbonated Beverages', produced by FRSL Ghaziabad.
"Based on updated scientific reviews, if these ingredients are consumed within the prescribed levels, no health hazard would be caused to humans."
Earlier, senior advocate K Venugopal, appearing for FSSAI, said the PIL, which was filed in 2004, be disposed of as all the reliefs claimed by CPIL have been given.
He said the Food Safety and Standards Act, a comprehensive legislation, came into effect subsequently in 2006 and it took care of all the issues raised in the plea.
Indian Council of Medical Research (ICMR) also said its study concluded that no health hazard would be caused if the ingredients are within prescribed limits.
The PIL, however, had alleged that the ingredients used in carbonated drinks have "serious deleterious effects on human health" and no action has been taken to test and assess the risk posed by such beverages.
It had also sought the constitution of a committee to evaluate harmful effects of soft drinks and a proper label, giving details of ingredients, be affixed on them. It had also
sought to regulate "misleading" advertisements targeting children.

Supreme Court seeks FSSAI panels' records of proceedings on soft drinks
NEW DELHI: The Food Safety and Standards Authority of India was today asked by the Supreme Court to file "records" of the proceedings of its various panels, set up on apex court's order, passed during hearing of a plea on harmful effects of chemicals and toxins in carbonated drinks.

"Produce records. Put up for hearing on December 3," a bench of justices K S Radhakrishnan and Dipak Misra said.

The court gave its direction after advocate Prashant Bhushan, appearing for NGO Centre For Public Interest Litigation (CPIL), alleged that instead of an expert panel, another FSSAI panel on labelling and claims/ advertisement considered the grievance of additives in carbonated drinks.

"It should have been done by the expert committee which could have considered the issue of additives in carbonated beverages. The issue, however, was considered by a technical committee of FSSAI that is Scientific Panel on Labelling and Claims /Advertisement...

"It seems that this report was given by the cola industry people and an assistant director of FSSAI has simply submitted it," Bhushan alleged and sought a direction to FSSAI to submit the minutes of its various meetings on the issue.

The apex court had asked FSSAI on February 8, 2011 to set up independent scientific panels to examine harmful effects of chemicals in carbonated beverages.

FSSAI panel later passed an order on September 12 after examining various ingredients of carbonated beverages such as artificial sweetener, phosphoric, malic and citirc acid, carbon dioxide, colouring agents, benzoic acid and caffeine.

It said in its order that these ingredients, under prescribed limits, would pose no health hazards.

SC seeks records of food safety panel on soft drinks
SC seeks food safety panel’s records
SC seeks food safety panel’s records
New Delhi: The Supreme Court on Friday sought records of a Food Safety and Standards Authority of India's (FSSAI) committee which said carbonated beverages do not pose health hazard and there were no benzene residues in the soft drinks.
Justice KS Radhakrishnan and Justice Dipak Misra called for the records of the FSSAI's technical committee after counsel Prashant Bhushan said the authority's Sep 12 order was given by its committee on advertisement and labelling, not by the scientific panel on food additives. As Bhushan focused on the health hazards of carbonated beverages, Justice Radhakrishnan observed that the "best course is to educate people not to consume beverages."
"All cricketers are promoting soft drinks on television," he said.
Assailing the order which was submitted to the court, Bhushan said the order, issued Sep 12 by FSSAI assistant director Kamal Kumar, was like affixing the authority's stamp on a report by soft drink manufacturers.
Bhushan, appearing for petitioner Centre for Public Interest Litigation, told the court that the order said benzene residue in carbonated beverages was formed only under certain conditions when agents like benzoates and ascorbic acid were present together with heat, ultraviolet light and metallic ion mixture."However, in the absence of benzoic acid and ascorbic acid together, benezene residues are not generated (in carbonated beverages)," the order said.
It said that according to studies by Indian Council for Medical Research, the consumption pattern of the beverages was only 500 ml per day in a "worst case scenario which do not appear to pose any health hazard."
The order said Indian Beverage Association had confirmed to the FSSAI that in India, benzoic and ascorbic acids were not present together in the beverages.
Seeking the minutes of the technical committee which had a hearing for eight days, Bhushan asked if the FSSAI had itself done any test to determine the presence of benzoic acid in carbonated beverages. Bhushan told the court that the FSSAI was not accepting the findings of its own lab in Ghaziabad.
Senior counsel KK Venugopal, who appeared for one of the respondents, told the court that all the prayers made by the petitioner NGO have been satisfied after the union government enacted a law comprehensively addressing the issues raised in the petition. He told the court that it was nearly eight years since the court was seized of the matter.
Additional Solicitor General P.P. Malhotra, who appeared for the government, said the technical committee was authorised to look into the additives. He said Bhushan had appeared before the committee on five occasions but had never raised this objection.
However, Justice Radhakrishnan said the issue raised by Bhushan was serious and called for the records of the meetings of the committee.

FDA seizes khoya, oil, vanaspati worth Rs 37.72 lakh in festive season

Food and Drug Administration (FDA), Mumbai, seized khoya, oil and vanaspati worth Rs 37.72 lakh during the festive season from October 1 to November 30 and also collected 33 samples as part of the drive.

Suresh Deshmukh, joint commissioner, FDA, Greater Mumbai, said, “We have conducted special raids against all those FBOs which have been involved in adulteration during the festive season. In order to curb the incidence of adulteration this drive was conducted all over Mumbai.”

Sahebrao V Mule, FDA, food safety officer, Zone 9, Mumbai, informed, “We conducted raids in all wards and zone of Mumbai and collected 33 samples. We are awaiting the results of the collected samples. We have seized khoya weighing 17,219 kg and worth Rs 27,86,776, and oil and vanaspati worth Rs 9,84,700 respectively.”

He added, “Vanaspati of First Class and Ruchera brands both from South India have been seized. First Class vanaspati 530 tins of 15 kg each and Ruchera 150 tins of 15 kg each have been seized whereas in oil, mustard oil 60 tins of 15 kg each and 2 tons loose, groundnut oil 2 tons and palmolein oil 40 tins of 15 kg each have been seized.”

Mule said, “We have sent all the samples to laboratory for testing on 8th November and we are awaiting the results. After the result is out and if the product is found to be injurious to health, complaint will be filed at court and the court will decide about the action taken on the culprits.”

Most of the khoya comes from Gujarat and Rajasthan, the groundnut oil comes from Gujarat, mustard oil comes from Rajasthan, Uttar Pradesh and Madhya Pradesh while palmolein oil is imported from Malaysia.

Food adulteration cases in Jmu


Food adulteration cases in Jmu
Food adulteration cases in Jmu

Violators escape action in absence of testing facility
Arun Singh
Jammu, Nov 22
: Due to the delay in getting results of food samples picked up by Jammu Municipal Corporation (JMC) from the restaurants and the shops in Jammu division, it gives enough time to the defaulters to escape from the legal action.
There is only one laboratory in the region to test the samples and due to the unprecedented increase in the cases of food adulteration in the winter capital of the State, it becomes extremely difficult to get the results in time.
Sources in the department told Rising Kashmir that as per the Food Safety and Standard Authority of India (FSSAI) Act-2008, JMC failed to setup its own food-testing laboratory, the corporation has to depend on the Food and Drug Laboratory established within the Regional Research Laboratory (RRL), which is the only laboratory in the region.
The laboratory is regulated by both Union Health Ministry and State Health Ministry, they added.
They further said that the laboratory is well equipped with the modern gadgets to test all kind of food items.  However, hundreds of samples are sent to this laboratory from across the Jammu region for testing on daily basis, which make it overburdened and consequently results are delayed and that also delays the legal action against the violators the JMC could initiate, they added.
“The maximum time which has been fixed by the laboratory for giving results has been fixed at 14 days which gives sufficient time to the violators to escape from the legal action,” said an inside JMC source.
Health wing of JMC is intensifying its anti adulteration drive at all the restaurants , sweetshops and other places where food is served, but due to the insufficient testing facilities in the region lots of efforts of JMC are wasted,  sources said.
They further added that Consumers Affairs Public Distribution (CAPD) Department also conducts anti adulteration drives and sends the samples to the same laboratory and they face the same problem of not getting the results in time.
Health Officer JMC, Dr Vinod Sharma, when contacted told Rising Kashmir that “Food and Drug laboratory at RRL has very small set up and cannot cater to the bulk of samples due to the inadequate staff and many others reasons well known to the concerned authority”.
“We have to face many problems to take legal action against the defaulters. However, we seize adulterated food items and impose heavy fine on the violators on the spot,” he added.
He further said that Additional Deputy Commissioner has an authority to impose the fine from Rs 5000 to Rs 5 lakh.