FSSAI Regulations: Latest FSSAI Order on GM-Free Certificate for Imported Foods / Crops is Confusing & Vague

FSSAI Regulations: 
FSSAI Order on GM Free Certificate on imported Crops / Foods is Confusing & Vague

Techno-legal Analysis by:

Vijay SARDANA
Advocate, Delhi High Court

Techno-Legal Expert for Bio-economy

FSSAI issued an order (given below) on the need for GM-free certificate on imported products.

The language of the order has created serious confusion and may lead to litigations as well. Let us analyse the order.

• In the title of the order, it says, it is for "imported food consignments. In the copy, it says only non-GM crops are imported, in the annexure it mentioned the term "Crops" Should we conclude that FSSAI is using these terms interchangeably? (Legally  all these terms have different meanings, I am not sure what is the intention and message from FSSAI)
• If these terms are used as interchangeable terms, then the use of terms like "date of manufacturing or production" in certificate this clearly indicates that there is a lack of understanding within FSSAI about these terms or about the business practices around the world and within India.
• Why FSSAI does not demand the date of production from farmers, FCI and companies selling wheat, rice, pulses, etc and all the products mentioned in Annexure -1. 
• If there are not used interchangeably, then there is a serious legal implication and confusion because then every person is free to make his or her own interpretation and this will open a Pandora’s box for litigations and disputes including corruption.
• The information expected by the FSSAI in the form of a certificate needs a serious relook. If the notification is for the crops only, in that case why term manufacturing is used.
• Large consignments are from many fields or factories and consolidated. Can anyone provide the production with the date of production when there is a shipload of the consignment? What should be the entry by the government of India, the same certificate for basmati rice is to be issued by the Government of India?
• In bulk loading shipments of soybean oil, what should be the date of manufacturing/production/packing? Which date is prefered or expected by FSSAI? Can FSSAI issue a sample document and guidelines for the countries supplying soybean oil to India?
• Annexure 1: The annexure includes only crops or the products from these crops as well, this should be clarified by FSSAI. 
• Annexure 2: Let FSSAI come out with proper implementation guidelines for exporters, importers and port officials to avoid unnecessary litigations and disputes.
• Dispute resolution is missing: Why FSSAI is not providing any contact number and email of FSSAI officials in case there is a problem at Indian ports who should be contacts and approached under this order. This is important to make system accountable, transparent, to minimize chances of corruption and delays. 

Please note such vague orders also spoil diplomatic relations. 

Please see the order below:

FSSAI Order

Annexure -1 

Annexure -2

Hope FSSAI will issue clarifications and guidelines regarding this order.

Please do share your views and write in the comments below. Pl. feel free to share. 

Why Expert Committees' Recommendations should be logical?

 Why Expert Committees' Recommendations should be logical?

In today's hyper-connected world, every documented is floating in every part of the world. It is the duty of the author, members of the committee and the head of the institutions under which the work was carried out to ensure that every document is not properly drafted and presented to the readers but also provide logical reasoning behind their recommendations.

These expert committee documents are also used as evidence in the courts. Unfortunately, courts take these expert committees on face value. If these committees have concluded the recommendations without proper assessment, the court's judgements can do more harm to society.

While doing some legal and policy work, I was referring to the documents published by expert committees constituted by the Government of India to study the pesticides and their relevance. This is a very important agenda because the periodic evaluation of all chemicals, systems and products to ensure bad products are phased out and new and safer options are included. There can be various criteria to understand what is useful and what is not useful for society.

As a techno-legal & techno-commercial expert, I have a tendency to read the documents from various angles to understand the perspective of various stakeholders. This helps in coming to a logical conclusion.

While evaluating the recommendations of various expert committees on the pesticides, I came across the following observations:

1. Lack of clearly laid-out procedure and criteria: The committees have randomly picked up a few documents without any justification and then unable to come to any meaningful conclusion. This has created more 

2. Conflict of Interests: The committee is seeking the evidence to come to the conclusion from the stakeholders which has a conflict of interest with the scope of the agenda itself. 

3. 

3. 

Stop Toxic Adulteration : Open letter to FSSAI and AGMARK

Stop Toxic Adulteration in Food

Open Letter to Food Safety and Standards Authority of India (FSSAI) & AGMARK

To,

The Chairperson / CEO
Food Safety & Standards Authority of India
Ministry of Health
Govt. of India
New Delhi

&

The 

The Joint Secretary / Director, 

Incharge for AGMARK

Ministry fo Agriculture

Government of India

Dear Chairperson / CEO / JS/ Director,

Subject: Letter of 19^th Aug 2020 (attached) is legally ineffective and will have no impact on adulterated oil suppliers. : This appears to be an eyewash

Eat Right (adulterated food) is the joke of FSSAI,

if food adulteration is not controlled.

The mentioned letter on the subject is a baby step but this is a half-hearted incomplete attempt to address the serious concerned with public health.

FSSAI has issued the advisory in the form of a letter and it has no legislation under the court of law. In past, such advisories were questions in the court and courts refused to accept such directions unless issues as proper notification.

Unfortunately, the letter reminds the department about the power of food safety officers. The record of the department and the market flooded with adulterated and substandard products clearly indicates that this advisory will have no effect on the ground.

If they had any concern, commitment, and understanding of their moral and legal duty, citizens’ health can be saved from adulterated products. Unfortunately, as a citizen, with the experience I can say, this will have no positive impact on the ground. Corruption is due to these powers under the act. Your letter will only create more corruption opportunities. I will be happy to see the change on the ground this time under your leadership.

1.   As citizen, I also expect transparency in the function of FSSAI. FSSAI must honestly disclose how may oil samples were tested every week, how many were found adulterated, and how many suppliers were booked and factories sealed. Unless there is an action on the ground, do not expect this letter of FSSAI has any impact on the ground.

2.   It is sad to see that citizens of India are suffering due to adulteration and FSSAI is taking too long a time to issue a proper logical notification to protect public health. This letter also ignored many vital parameters which were suggested for controlling adulteration.

As a citizen of India, let me help FSSAI in formulating the proper standard and rules. If the technical advisory committee has any issue with any of the following suggestions, the same should be discussed in an open forum. The industry should know the reason for rejecting the following suggestions.

My humble request is the following points should be considered and included in the regulations to control the adulteration in India edible soil in India.

1)  Raw oils should NOT be allowed for blending under any pretext.

2)  Only refined oils meeting FSSAI standards are allowed for blending.

3) Colour of the edible oils, other than raw oils, must be mandatory parameters under FSSAI and Agmark in line with BIS.

4)  All blended edible oils must mention Fatty acid profiles on the product label to know the truthfulness of the blended oil and claims made on the label.

5) All oils, not added with rice bran oil must mention, must mention “Free from Oryzanol” on the label.

6)   All oil samples must be tested for Oryzanol content

7)  All raw oils and refined edible oil standards must specify mono-glycerides and di-glycerides parameters in FSSAI and AGMARK.

8) Mono-glycerides and di-glycerides parameters oils must be tested for these items in every sample.

9)  Raw Mustard oils (Kacchi Ghani) must have a minimum 35% erucic acid and diglyceride content is not more than 2%.

10)All Invoices must mention the license and registration number of the purchasing dealer to minimize mixing in tankers and in godowns: Modify Point no. “14 in FSSAI licensing condition - The Manufacturer/ Importer/ Distributor shall buy and sell food products only from, or to, licensed /registered vendors and maintain record thereof. The invoice/delivery challan in respect of the sale/movement of vegetable oils must mention the license/registration number of the purchasing dealer. " 

11) Modify Point no. “5 in FSSAI licensing condition. Every sale and movement of stocks of solvents-extracted oil,'semi-refined' or 'raw grade I’, 'fatty acids / acid oils produced during the refining of vegetable oils', edible groundnut flour or edible coconut flour, or both by the producer shall be a sale or movement of stocks directly to a registered user and not to any other person, and no such sale or movement shall be effected through any third party."

12) Ministry of Finance and Corporate Affairs, FSSAI and Agriculture Ministry must enforce Section-148 under Companies Act 2013 on all food companies.  This will ensure only good material and purchased by the company. This will be verified by the statutory auditors and should be made part of the annual report to shareholders and to ROC. This will ensure not only safe products but also proper GST collection for the government.

If any help is required in explaining these self-explanatory points, undersigned will be happy to explain all the technical and legal justifications in from of any expert in the country or outside India. Please provide the opportunity for the same before rejecting the above points in the public interest.

Appeal: My requests to all FSSAI leadership and officials, you all are paid salaries to sustain your decent lifestyles and families by taxpayers and your inaction is making the same taxpayers and their families sick due to adulterated foods. Is this morally and ethically right?

Your actions will speak louder than your words. Citizens are watching carefully are you ensuring that foods are delivered as per the laws or not.

I wish you all the best so that you have the courage to take a right stand against the wrong door and make the system FSSAI transparent before more citizens of India become victims of adulterated foods. FSSAI actions must be visible and should inspire confidence among citizens. Are we expecting more than the minimum required?

Waiting for proper elaborate notification on this vital concern of the citizens.

With best regards,

 

Vijay Sardana

 

CC:

1.    PM Office

2.    All Concerned Ministers

3.    All Concerned Secretaries

4.    All Concerned Departments

Copy of the letter issues: This letter has no legal standing. This is not a law. Please issue the proper notification.

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