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Check scope of testing and validity of labs before sending sample, authorities told
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Wednesday, 25 January, 2023, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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The food authority has issued an advisory to all the Central licensing authorities-cum-Designated Officers and Commissioners of Food Safety of all the states to check the scope of testing and validity of accreditation of primary notified/referral recognised labs under the FSS Act before sending any sample for analysis.
According to the FSSAI, it has come to its notice that food samples are being sent to such labs, whose scope does not cover the parameters or the product.
“It has come to the notice of this office that samples (including part of the food sample to be analysed as per FBO’s right/request) are being sent to the laboratories, under whose scope of accreditation the testing /analysis of the said product/parameter is not covered. In one such case legal proceedings under the FSS Act 2006 and Regulations thereunder, based on the analysis reports of such samples have been treated null and void by the High Court Bombay."
"In this regard, it is reiterated that the scope of testing of laboratory along with the accreditation and validity may be diligently checked before sending any samples for analysis for any purpose under the various provisions of the Act, so as to ensure that analysis reports are legally valid and legal procedures carried out by the Food Safety Authorities do not become void due to such technical reason,” reads the advisory issued by the FSSAI.
Previously as well, the FSSAI in March 2021, had issued a similar advisory asking the state food authorities and Designated Officers to check the scope of testing of primary notified labs recognised under the FSS Act before sending any samples for analysis.
Meanwhile, in the referred case challenged in the Bombay High Court, the petitioner, a manufacturer of alcoholic beverages, contested the lab analysis report of the Maharashtra FDA based on which ‘the process of adjudication was initiated against the aggrieved FBO’.
The petitioner’s counsel told the High Court that the samples drawn by the Food Safety Officer were not tested and notified by accredited laboratory as required under the section 47 of the FSS Act, 2006, and as the sample was not tested by the accreditation laboratory, the report of the food analysis was bad in law and cannot be the basis for any proceedings / action against the petitioners.
The lab in question was the Food Analyst, Food and Drugs Administration Laboratory, Bandra (East), Mumbai. Also, the scope of accreditation of Food and Drugs Administration's Laboratory, Bandra (East), Mumbai, was for the Food and Agricultural Products such as (A) Refined Groundnut Oil, (B) Refined Sunflower Oil (C) Refined Soyabean Oil, (D) Refined Palmolein Oil, (E) Groundnut Oil, (F) Mustard Oil, (G) Coconut Oil, milk and dairy products, ghee, water and packaged drinking water.
The court observed that ‘On perusal of the scope of accreditation issued to the Food and Drug Administration Laboratory, it does not appear that whisky is a part of the scope of accreditation’ and the Respondents (FSSAI and others including State of Maharashtra) could not demonstrate as to how the said laboratory was competent to test and analyse the alcoholic beverage.
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