KOCHI: If you
find that any dangerous or defective
food product is being sold in the market,
you will soon be able to ensure that
it is removed from the market and not
sold any more. This can be done even
if the food product is unlikely to cause
any adverse health problems, but is
manufactured or sold in violation of
the Food Safety and Standards Act, 2006
and the rules and regulations made under
the Act. The Food Safety and Standards
Authority of India, a statutory body
established under the Food Safety and
Standards Act for laying down science-based
articles on food, and regulating the
manufacturing, processing, distribution,
sale and import of food so as to ensure
safe and wholesome food for human consumption,
has issued the draft of the Food Recall
Procedures Regulations.
The draft regulations provide the
guidelines for stopping distribution
and sale of hazardous food products
and removing potentially unsafe food
products from the marketplace. The
regulations, called the ‘Food
Authority’s Food Recall Procedures
Regulations 2009’ will come
into force from the date of notification.
The draft regulations have been published
on the Authority’s website www.fssai.gov.in
calling for suggestions and comments
from stake holders - consumers, industry,
scientific and research institutions,
Central and State Governments etc.
Interested persons can send their
suggestions and comments on the draft
regulation. In the light of the inputs
received, the draft regulations will
be further modified and thereafter
placed before the authority for consideration.
Suggestions and comments are to be
sent by the end of March to Anil Mehta,
Deputy Director, Food Safety &
Standards Authority of India, FDA
Bhawan, 3rd Floor, Kotla Road, Next
to Bal Bhawan, New Delhi – 110
002. Phone No.:23236971, email: anilmehtac103@yahoo.co.in.
They can also be emailed to fssaindia@gmail.com.
The
Food Authority also proposes to interact
with State Governments and other local
bodies to get their suggestions on
the draft regulation. The main objective
of the food recall guidelines is to
guide Food Business Operators (FBOs)
in carrying out food recall by facilitating
an efficient and rapid identification
and removal of unsafe food material
from the distribution chain, by informing
consumers of the presence of potentially
hazardous food in the market and by
ensuring that unsafe food is destroyed
or rendered safe.
Food
recall can be carried out voluntarily
by manufacturers and distributors.
If the firm does not initiate a recall
on its own, the Food Authority and
the Local Competent Authority (LCA)
– the Commissioner of the State
Food Authority of the local area or
any other person authorised by him
for the purpose - can direct a firm
to initiate a recall. If a firm refuses
to undertake a recall directed by
the LCA, seizure of the food article,
or other court action may be taken.
Similar action will follow if the
Food Authority/LCA has sufficient
reason to believe that a recall will
not be effective, or determines that
a recall is ineffective, or discovers
that a violation is continuing.
In
such cases, the cost incurred by the
LCA/Food Authority for carrying out
such actions will be recovered from
the firm responsible for the violation.
In
addition to recovery of cost, the
firm will also be liable for penalties
or punishment according to chapter
IX of the Act. Recalls are to be carried
out in the shortest time practicable
to minimise risk to consumers. In
the common interest of the consumer
and the industry, the recall guidelines
provide for (a) stopping the distribution
and sale of the affected food product
(b) informing the LCA about all recalls,
and the public under specific circumstances
(c) effectively and efficiently removing
the potentially unsafe food product
from the marketplace. All food businesses
engaged in the wholesale supply, manufacture
or importation of foods regulated
by Food Authority must have an up-to-date
Food Recall Plan. But food retailers
need not have a recall plan unless
they are also engaged in the wholesale
supply, manufacture or import of food.
Food businesses within the food service
sector such as restaurants and takeaways
are also exempted from having a recall
plan unless they are running multi-outlet
food business chains having integrated
manufacturing and distribution network.
However, such food businesses in the
food service sector may be part of
another business recall, that is,
they may need to remove the recalled
stock from the shelves and return
it to the manufacturer, importer or
wholesaler. A recall plan must be
in written form and should be made
available to LCA/ Food Authority on
request. The Food Authority will make
available a description of each new
food recall (bearing a unique identification
number) to the public through its
portal. However, the Food Authority
is authorised to maintain confidentiality
of commercially sensitive information
as and when necessary upon specific
request of the recalling firm. The
Food Authority is also authorised
to delay public notification of food
recalls wherever it determines that
public notification may cause unnecessary
panic among consumers.
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