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FSSAI revamp: Governance structure commendable, but enforcement needs improvement
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Wednesday, 13 December, 2023, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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The Food Safety and Standards Act (FSS Act) and rules/Regulations made thereunder is now under implementation for over a decade and a series of deliberations had gone into making of standards & compliance strategies for the strengthening of the food safety ecosystem in India.
There are hits and misses in the whole process of implementation of the FSS Act and alignment according to the global best practices.
According to Dr Charu Mathur, Advocate on Record-Supreme Court of India, FSS Act has brought in significant changes in the mindset of consumers.
“I find more and more people reading labels. So, in a way it has a positive impact. Generally, speaking hygiene standards are raised and consumers are more aware,” said Adv. Mathur.
And in any country, food safety and standards evolve and in India, too, they are evolving, as there are many aspects which are not covered under the FSS Act of 2006.
Prof Arpita Mukherjee of Indian Council for Research on International Economic Relations (ICRIER) says, “New areas are being discussed under food safety and standards and food safety authorities across the world are addressing them. The FSSA 2006 is the primary law for regulating the food sector, which led to the establishment of FSSAI. FSSAI now has to frame regulations on different aspects related to food safety and standards. Unlike in many countries globally, exports and farmers are not under the jurisdiction of FSSAI and, hence, it does not cover the entire food supply/value chain.”
FSSAI is yet to address issues like farm practices, food waste management, definition of food high on fat, sugar & salt and so on.
Mukherjee explains, “The core issue is that exports and farmers are not under the jurisdiction of FSSAI. Hence, if there is a lot of spray of pesticide in the farm what can FSSAI do? Multiple agencies like MPEDA or APEDA regulate exports. BIS also sets up food standards. FSSAI is not alone in the process of setting up food regulations. For organic products, for example, it can only look at imports and domestic markets whereas exports are under the purview of APEDA. FSSAI has to work closely with other agencies in India."
She adds, "Food safety authorities globally today regulate almost everything from food waste management to nutrition. FSSAI is also trying to come up with a front of pack labeling to guide consumers towards nutritious food. As of now, we do not have a food waste management policy. While nutrition is a core part of FSSAI policy, FSSAI has to first come up with a comprehensive definition of HFSS foods or foods high in fat, salt and sugar. While a definition is in the draft Front of pack labelling guideline it can be part of many other FSSAI initiatives like Eat Right campaign. Hence, the definition has to be holistic and delinked to a guideline."
Mukherjee further states, "Once HFSS foods are defined, this definition can be used by other agencies like the GST Council for nutrition-linked taxes or for giving production subsidies to healthier food products. FSSAI has to be the nodal agency for discussions on health issues like how to address the growing diabetics in India and promote the right diet."
She quips, "A major issue faced by food safety and standards authority in a country like India is that we have a large informal sector and it is difficult to monitor it.”
Adding to this, Adv. Mathur says that the environment in which food grows is important. That's the starting point and the Government should cover it.
Another area of attention for the FSSAI was coordination between the three fronts of the regulatory body, industry and consumers.
Ashwin Bhadri, CEO, Equinox Labs, comments, “The FSSAI has effectively navigated the delicate balance among various stakeholders, notably by establishing standards that surpass previous benchmarks since its inception. This strategic calibration is notably achieved in collaboration with industry stakeholders. The inclusion of industry experts within FSSAI panels reflects a collaborative approach, leveraging their insights to enhance regulatory frameworks.
Having had the privilege of participating in some of these panels, I have witnessed firsthand the value derived from incorporating industry perspectives, particularly in areas such as hygiene and the broader challenges faced by the food industry. Moreover, the FSSAI demonstrates a commitment to inclusivity by engaging with consumer organisations, thereby gaining insights into consumer needs and the country's regulatory requirements.
In sum, the FSSAI has adeptly managed a tripartite equilibrium, ensuring the formulation of appropriate regulations, fostering an understanding of industry dynamics, and championing the welfare of consumers. This nuanced approach underscores the FSSAI's commitment to achieving a harmonious and effective regulatory environment.”
Meanwhile, a question whether the FSS Act needs a revamp/ overhaul in the entire set of regulations, a structure where the states and the FSS headquarters being two different entities, remained buzzing over the past several years.
Mukherjee suggests that there should be a detailed study to map the regulations and the gaps.
“Then that study outcome/research paper should go through a thorough consultation with different stakeholders. Focus should not only be on gaps in food safety and standards, but also on how to attain SDGs and positive health outcomes. We also need to review the global best practices. After the consultation and getting feedback one can look at the possibility of a unified command and control system. Sometimes there is opposition for best reforms. For example a single agency for the entire food chain would be ideal, but that may not be possible in India,” said Mukherjee.
Ashwin Bhadri, an expert on the matter, opined that the current governance structure is commendable, but enforcement mechanisms need improvement, particularly in addressing consumer complaints promptly. In case of foodborne illnesses, on-site audits within 24 hours and swift prosecution for violations are crucial.
“For routine inspections, a phased approach is recommended. The initial inspection should offer guidance and a three-month window for rectification, followed by subsequent inspections to ensure closure of identified gaps, focusing on preventing major non-compliances. On-site inspections are vital to address potential inadequacies in infrastructure and processes that could compromise food quality and consumer safety.
Rigorous audits and training are essential for a knowledgeable and diligent workforce adhering to best practices. By maintaining stringent standards for infrastructure and processes, the likelihood of widespread foodborne incidents is significantly reduced, promoting enhanced consumer health and well-being through proactive regulatory oversight,” said Bhadri.
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