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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