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Friday, September 30, 2011

Sampling by Food Inspectors under the old act continues in Jharkhand

There is no great appetiser like festivals and Durga Puja is arguably the biggest of 'em all. But if you are planning to indulge in the passion palate this autumn, be forewarned that there is no law in place to guarantee your safety.Jharkhand is yet to embrace the Food Safety and Standards Act 2006 and Rules 2011, which was notified by the Union government on May 5 this year for implementation within three months (i,e. by August 5) across the country. The Centre had passed the law in 2006 by repealing the Prevention of Food Adulteration Act, 1954.While health secretary K. Vidyasagar admitted the delay in bringing the fit food law into force and claimed that "certain directives" had been issued for a safe Puja, food inspectors ' only seven instead of a sanctioned strength of 37 manning 24 districts ' remained sceptical."The new law is waiting for cabinet approval in the state. However, till the same is implemented, we have asked officials to collect food samples under the old act," Vidyasagar told The Telegraph.But food inspector Gulab Lakra, whose jurisdiction includes capital Ranchi, besides Chaibasa, Godda, Pakur and Sahebganj, scotched the health minister's claims and said collecting samples would only mean inviting trouble.
"The old act has been repealed and, for starters, the new law does not provide for the post of a food inspector. In such a situation, how can we go and identify ourselves as food inspectors and collect food samples? Gone are the days when people believed whatever government officials said. Today, everyone knows the law, thanks to the Internet. It will be impossible to convince food vendors and hoteliers to let us collect samples for laboratory tests," Lakra said.

According to health department sources, the 2011 rules had provision for food safety officers (FSOs) in place of food inspectors, and designated officers (DOs) of additional district magistrate rank who could relieve civil surgeons of additional charge. An IAS officer is to be appointed as full-time food commissioner, reducing the burden on the health secretary.The act also mandates establishing a single statutory regulatory authority for the food sector in a state, the Commissionerate of Food Safety, that can order a manufacturer or wholesaler to recall a product from the market if it is found to be substandard.While most other states have brought the integrated law into force, Jharkhand has the safety of its 3.29 crore people mired in red tape.Colleague M. Pandey, a food inspector for three decades, seconded Lakra. "Once the old act is repealed by the Centre, we cannot legally work under it. If we do, we will be in trouble with the court," Pandey, who is in charge of Dhanbad, Bokaro, Jamtara, Ramgarh and Giridih, said.However, state food controller Dr T.P. Barnwal suggested some leeway. "Directives have been given to civil surgeons to constitute special teams to collect suspicious food samples and send them for laboratory tests. Each team will comprise a doctor, a food inspector and a grade IV employee," he said.

He added that the file on the new act was caught in procedural delay. "It goes to the cabinet through personnel and law departments. We are hoping for a stamp of approval within two weeks."Sources in the health department weren't convinced. "Collecting food samples stopped after August 5 and is likely to remain suspended during Durga Puja when makeshift shops mushroom across the state, besides hotels and food joints. Revellers need to take precaution to avoid food poisoning," an official sounded the alarm.