The absence of Food Safety Appellate Tribunal, special courts and
accredited food testing labs in the state has proved to be a major
hurdle in implementing the Food Safety and Standards Act (FSSA) 2006, in
letter and spirit.
The FSSA 2006 was enforced in the state on August 5, 2011. Adoor Prakash, who handled the Health portfolio during the time, had said that an appellate tribunal would soon be constituted.
The special courts were to be set up in consultation with the High Court and the Law Department. Three years on, the proposals to set up the Appellate Tribunal, special courts and accredited labs are still lying on paper, ‘Express’ has learnt.
“As of now we may not go for strict implementation of the Act. Only small penalties and warnings are being imposed and corrective measures suggested. But if a case similar to that of Sachin Mathew, who died of food poisoning in 2012, occurs we don’t know what to do,” said the officer, on condition of anonymity.
A provision in FSSA 2006 under Section 74 calls for establishment of Special Courts for trying offences related to grievous injury or death of the consumer. An official with the Commissionerate of Food Safety, told ‘Express’ that they held a discussion recently in this regard with the Director General of Prosecutions (DGP).
The DGP was briefed about the urgency of setting up a Special Court and Appellate Tribunal. The absence of accreditation by the National Accreditation Board for Testing and Calibration Laboratories (NABL) for regional food testing labs in the state is also a matter of concern.
At present, the state has three regional labs in Thiruvananthapuram, Ernakulam and Kozhikode. Each of them has to handle food samples from four to five districts. Lack of infrastructure and manpower is impeding the efficiency of these labs. An Assembly committee in April 2013 had warned the government that the process for NABL accreditation of three regional labs will have to be expedited as only reports from accredited labs have legal sanctity.
It recommended the state government to seek central assistance for funds to improve basic amenities and also directed them to speed up the process of setting up of Appellate Tribunal and Special Courts. But none of these were recommendations were carried out by the government. The laxity shown will result in restaurant owners and food manufacturers escaping the clutches of law due to lack of evidence, sources said.
Source:http://www.newindianexpress.com/states/kerala
The FSSA 2006 was enforced in the state on August 5, 2011. Adoor Prakash, who handled the Health portfolio during the time, had said that an appellate tribunal would soon be constituted.
The special courts were to be set up in consultation with the High Court and the Law Department. Three years on, the proposals to set up the Appellate Tribunal, special courts and accredited labs are still lying on paper, ‘Express’ has learnt.
“As of now we may not go for strict implementation of the Act. Only small penalties and warnings are being imposed and corrective measures suggested. But if a case similar to that of Sachin Mathew, who died of food poisoning in 2012, occurs we don’t know what to do,” said the officer, on condition of anonymity.
A provision in FSSA 2006 under Section 74 calls for establishment of Special Courts for trying offences related to grievous injury or death of the consumer. An official with the Commissionerate of Food Safety, told ‘Express’ that they held a discussion recently in this regard with the Director General of Prosecutions (DGP).
The DGP was briefed about the urgency of setting up a Special Court and Appellate Tribunal. The absence of accreditation by the National Accreditation Board for Testing and Calibration Laboratories (NABL) for regional food testing labs in the state is also a matter of concern.
At present, the state has three regional labs in Thiruvananthapuram, Ernakulam and Kozhikode. Each of them has to handle food samples from four to five districts. Lack of infrastructure and manpower is impeding the efficiency of these labs. An Assembly committee in April 2013 had warned the government that the process for NABL accreditation of three regional labs will have to be expedited as only reports from accredited labs have legal sanctity.
It recommended the state government to seek central assistance for funds to improve basic amenities and also directed them to speed up the process of setting up of Appellate Tribunal and Special Courts. But none of these were recommendations were carried out by the government. The laxity shown will result in restaurant owners and food manufacturers escaping the clutches of law due to lack of evidence, sources said.
Source:http://www.newindianexpress.com/states/kerala
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