INTRODUCTION

In today's fast-paced world, where processed and convenience foods dominate the market, the need for unadulterated and safe food has become increasingly imperative. This calls for enhanced food safety standards to protect consumers from the health risks associated with adulterated and unsafe food products.

How is food regulated in India

Established in 2008, two years after the enactment of the Food Safety and Standards Act, the Food Safety and Standards Authority of India (FSSAI) is responsible for educating businesses and consumers on food safety in India. It is also mandated to collect and collate data on food consumption, biological risks, contaminants, and residues, identifying potential risks.

Initiatives by FSSAI for better food

Eat Right India Movement: The program has a variety of initiatives that promote the demand and supply of safe food in a sustainable way. 

Trans-fat Free India@75 By 2022: Trans fats can raise your bad (LDL) cholesterol levels and lower your good (HDL) cholesterol levels. Eating trans fats increases your risk of developing heart disease and stroke.

Food Safety on Wheels (FSW): An initiative that provides mobile food testing laboratories to conduct quick tests for adulterants in commonly consumed foods at public gatherings, schools, remote areas, and consumer organisations.

Bhog: An initiative to improve the hygiene and sanitation standards of street food hubs, and to build consumer trust in local eating experiences

Food Safety Magic Box: A food safety testing kit for school children

Current issues in food regulation

FSSAI

• Staff and Infrastructural Issues: Reports in 2023 cite shortage of district level Designated Officers (DO) vary from 5 to 80% in 12 states. Nearly 40% of Food Safety Officer (FSO) posts are vacant. 

• By 2022, FSSAI has recognised only 224 labs for food testing while there exists more than 1500 labs in the private sector. Thus, most of the food samples sent by FSSAI get tested in non-accredited labs.

• Oversight failures: The agency's handling of food-related controversies suggests it has often fallen short of fulfilling its responsibilities. 

• Example, in 2017 CAG flagged FSSAI over lapses in enforcing food safety measures especially in documentation, withdrawing NOCs etc.

• Decline in SFSI Scores: Since 2019, FSSAI has annually released the State Food Safety Index (SFSI) on June 7, coinciding with World Food Safety Day. However, in 2023, 19 out of 20 large states, including Maharashtra, Bihar, Gujarat, and Andhra Pradesh, saw a decline in their scores compared to 2019. SFSI scores on 100 are based on six parameters: 

• Human Resources and Institutional Data

•  Compliance

•  Food Testing Infrastructure,

•  Training and Capacity Building

•  Consumer Empowerment

• Improvement in SFSI Rank (Introduced in 2023 to evaluate each state's progress from the previous year)

Other Issues

• Unorganised sector: Small and unorganised enterprises in rural regions lack the necessary infrastructure for proper food storage, transportation, and handling which contributes to spoilage and contamination.

• Street Food culture: The largely unregulated street food joints are frequented by mostly the poorer section of India. Strict enforcement may throw these joints out of business.

• Inadequate Inspection and Monitoring: The inspection and monitoring of food products by regulatory authorities are often insufficient resulting in the unchecked circulation of substandard products.

• Adulteration: Adulteration is a pervasive issue in the Indian food industry. Substances like artificial colours, chemicals, and low-quality ingredients are often added to food items, compromising their quality.

• Mislabeling : Mislabeling of food products, including inaccurate information about ingredients, nutritional content, or origin, misleads consumers and undermines their ability to make informed choices

• Lack of Consumer Awareness: Many consumers lack awareness about food safety practices, including proper storage, handling, and cooking methods, leaving them vulnerable to foodborne illnesses.

• Counterfeit Products: Counterfeit food products, including imitation brands and counterfeit packaging, are prevalent in the market, deceiving consumers and potentially exposing them to unsafe or inferior quality food items.

Recent incidents

• Nestle: Global food and beverage giant Nestle sells baby products with higher sugar content in poorer south Asian (including India), African and Latin American countries as compared to markets in Europe, claims a report by a Swiss NGO, Public Eye and International Baby Food Action Network (IBFAN).

• Paneer: Authorities are tackling the infiltration of "fake paneer" products into the food market, which may contain inferior ingredients and pose health risks. In Noida, April 2024 reports revealed that 47 out of 168 paneer and khoya products tested by FSSAI were contaminated.

• Health drink issue: Hindustan Unilever Ltd., with brands like Horlicks and Boost, rebranded its 'health drinks' to 'functional nutritional drinks' (FND).  This change follows the Minister of Commerce and Industry's directive to e-commerce platforms to reclassify drinks and beverages from the 'healthy drinks' category.

• Issues with Exports: Over the past six months, US customs declined entry to 31% spice-related shipments of MDH brand over salmonella contamination. Data obtained from the US FDA shows that the refusal rate has doubled in the past one year. The EU too has, reportedly, placed food items originating from India under the scanner.

• Colouring agents: On March 11, 2024, the Karnataka government banned the use of Rhodamine-B, a food colouring additive, in gobi manchurian and cotton candy. 

• Fruits: Food safety Officials in Tamil Nadu revealed that the chemical erythrosine is added to the watermelons available in the market. FSSAI has published a cotton ball test to test the presence of the chemical.

Impact on Indian health

• Food Poisoning: Diarrhoea and food poisoning are prevalent to the extent that many cases go unreported due to their widespread occurrence and the perception of them as routine ailments.

• National Centre for Disease Control data reveals frequent outbreaks in India, with over 1,100 acute diarrheal disease outbreaks and nearly 550 food poisoning outbreaks recorded in the last four years.

• Health Impacts of Adulterated Items: Adulterated food consumption can lead to stomach upset, diarrhoea, vomiting, and nausea, with potential long-term liver, kidney, and heart issues due to harmful chemicals.

• Example: Fake ORS with excessive sugar causes dehydration by drawing water into the intestines, increasing fluid loss. Lacking sodium disrupts electrolyte balance and can even cause brain swelling. 

• Added sugars: They are deemed more harmful than naturally occurring sugars in fruits and milk. WHO recommends avoiding added sugars before age two to prevent addictive eating habits, which can lead to weight gain, obesity, and a higher risk of chronic diseases like type 2 diabetes, heart disease, and certain cancers later in life.

How global food regulation happens

•  CODEX standards 

• The Codex Alimentarius Commission (CAC), formed in 1963, comprises 188 member countries and 1 member organisation which is EU,  under the Joint Food Standards Programme of FAO and WHO. 

• Its mission is to safeguard consumer health, ensure fairness in food trade, and coordinate global food standards efforts by governmental and non-governmental organisations.

• India became the member of Codex Alimentarius in 1964

• The Joint FAO/WHO Expert Committee on Food Additives (JECFA)

•  Established in 1956, it assesses the safety of food additives, contaminants, natural toxins, veterinary drug residues and provides international scientific expertise in food safety evaluation.

• The Joint Meeting on Pesticide Residues (JMPR)

• Established in 1963 and jointly administered by FAO and WHO, it harmonises pesticide residue requirements and conducts annual scientific evaluations of pesticide residues in food.

Way Forward

• Proactive regulator: India, with a burgeoning food market and ambitions for global market expansion, necessitates a proactive regulator .FSSAI's proactive approach is vital to ensure food safety, regulatory compliance, and fair trade practices, crucial for bolstering consumer confidence, enhancing market access, and fostering industry growth.

• Regular testing: Regular testing of spice mixes from all brands is imperative to uphold food safety standards and protect consumer health. It ensures compliance with regulations and helps detect any potential contaminants that may compromise the quality of products. 

• Transparency: This can involve measures such as clearer labelling, providing accurate product information, and ensuring that marketing claims are truthful and not misleading consumers. Thus enabling consumers to confidently select products that align with their preferences and dietary needs.

• Establishing food testing facilities: Ensures safety by detecting pathogens and contaminants, preventing foodborne illnesses.

• The FSSAI is establishing 34 microbiology labs nationwide to test food products for pathogens like E. coli and Salmonella, aiming to prevent foodborne illnesses and ensure safety.

• Expanding Certification: Expanding can include broader dissemination of hygiene rating information to consumers through digital platforms and mobile applications. Moreover, periodic reviews, updates and extending this to all food businesses is required.

• FSSAI's 'Food Hygiene Rating Scheme' certifies food businesses based on hygiene and safety conditions observed during audits.The hygiene rating will be in the form of smileys (1 up to 5) and the certificate should be displayed prominently in the consumer facing area. 

Patanjali issue (in a box)

• Petition: The Indian Medical Association (IMA) petitioned the apex court in August 2022 following Patanjali's advertisement labelling allopathy as a "stupid and bankrupt science."

• Unproven curative claims: Patanjali is alleged to have violated the Drugs & Other Magical Remedies Act, 1954. The Schedule of this Act lists 54 ailments which no drug can claim to cure or prevent since there is no scientific possibility. Patanjali claims its Amla juice can cure diabetes and its eye-drops can cure glaucoma, both elements listed in the schedule.

• Misleading advertisement: Patanjali is also alleged to have run foul of Consumer Protection Act, 2019, due to its misleading claims.

• SC Judgment: The court in February 2024 imposed a blanket ban on any further advertising or branding of Patanjali medicinal products until further orders. In the recent May 7 order the SC said that the celebrities that endorse such products will also be liable for action.

• Apology: Patanjali initially issued an "unconditional and unqualified apology" to the Supreme Court for exaggerated claims in their company's ads. However, the court was not happy with the apology and is continuing to look into the case. 

Food Pharmer

• Revant Himatsingka, via his social media alias Foodpharmer, exposes FMCG (Fast-Moving Consumer Goods) giants for misrepresenting their products as nutritious

• His videos have been linked to Bournvita reducing its sugar content in their “health drinks”.

  
  

  Short Takes

  
  

  FSSAI:Food Safety and Standards Authority of India (FSSAI) is a statutory body established in 2008 under the Ministry of Health & Family Welfare. It is responsible for protecting and promoting public health through the regulation and supervision of food safety. 

  QCI:  The Quality Council of India (QCI) is an autonomous organisation under the Union Commerce and Industry Ministry. It ensures independent third-party assessment of products, services, and processes, promoting adherence to quality standards nationally across sectors like education, healthcare, environment protection etc

  MRL: A maximum residue level (MRL) is the highest level of a pesticide residue that is legally tolerated in or on food or feed when pesticides are applied correctly

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CONCLUSION

To address the challenges, it is crucial to adopt proactive measures aimed at strengthening food safety standards and regulatory compliance. Collaborative efforts between regulatory authorities, industry stakeholders, and civil society are essential to bu

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Polity

Keywords:
Food Regulation FSSAI QCI