Testing: Critical for Ensuring Food Safety

by cv | Apr 2, 2022 | Guest Column

Testing: Critical for Ensuring Food Safety

Food safety is one of the major determinants of a sound and cohesive healthcare system in a country. As food chains are becoming longer, complex and globalized, contamination of food leading to food borne diseases is a growing concern. Unsafe food not only poses a threat to the health of the public but also affects the socio-economic development of a country. This silent pandemic is responsible for hundreds of thousands of deaths every year and thus needs more attention.

Shri Arun Singhal, CEO, FSSAI

Burden of food-borne illnesses is comparable to malaria, HIV/AIDS and tuberculosis. It is estimated that every year 100 million cases of food-borne diseases (FBD) are reported in India and it costs $15 billion annually to the country. By 2030, food borne diseases are expected to rise to 150-177 million annually*. Several recent researches have unveiled a strong interconnection between unsafe food and adverse health & nutrition outcomes. Infection by food-borne pathogens results in poor absorption of nutrients from food, particularly of vitamins and minerals, which in turn impacts the overall nutritional status of an individual.

Why is Food Testing Necessary?

To ensure availability of safe and hygienic food to consumers, effective food testing measures are vital at every necessary step throughout the food value chain. The objective of food testing is to ensure that the food is free from the below mentioned hazards:

Biological hazards:Derived from microbial hazards such as salmonella and E. coli bacteria.
Chemical hazards:Contamination with chemicals used in agriculture and/or production processes such as antibiotics, pesticides, as well as food additives such as preservatives, and including chemicals that are used in the production/processing and cleaning agents for equipment and machinery.
Physical hazards:Any extraneous objects in food that can cause illness or injury to the consumer such as glass, pieces of metal, plastic or wood, etc.

Measures to Improve Food Testing

Food Safety and Standards Authority of India (FSSAI), an apex food regulator, has been continuously working towards improving the food testing ecosystem in the country. Two well established and fully equipped laboratories are supported by FSSAI in Delhi-NCR and Kolkata. They have a significant number of State Food Laboratories as well as NABL accredited private labs with a network of almost 190 notified food testing laboratories.

For improving the food testing infrastructure in the country, FSSAI is implementing a Central Sector Scheme for “Strengthening of the Food Testing Ecosystem” in the Country with a total outlay of Rs. 481.95 Cr that includes provisioning of modern testing equipment in State Food Laboratories across the country as well as allocating Mobile Food Testing Labs and other related measures. To ensure quality and consistency of results from participating food laboratories, FSSAI has recognised food labs as per ISO 17025/2017 only through NABL under integrated assessment system. These labs are being monitored by NABL through audits, verification and other periodical desktop surveillance audit, reassessment and renewal of accreditation.

Schemes for Rapid Food Testing

FSSAI has introduced a scheme for approving rapid analytical food testing (RAFT) devices/kits/methods. Several recent rapid and automated kits/equipment/ methods are commercially available globally to bridge the gap for rapid detection of food borne contaminants etc. and instantaneous, on-line monitoring to ensure the safety of food products.
To further reduce the screening time of food products by Food Safety Officers (FSO) at the field level and accelerate surveillance activities, FSSAI has come up with a policy for fast track approval of rapid food testing kits/devices.The ultimate goal for these rapid testing devices and equipments is to provide results within a few hours, if not in “real time”. RAFT kits are most advanced, easy to use, portable hand-held devices. The tests can be performed anywhere by anyone without any specific training requirements.
Recently, an indigenous RAFT kit – Precision Iodine Value Analyzer (PIVA) has been developed by CSIR along with Central Scientific Instruments Organization (CSIO). This home grown kit can determine the Iodine Value (degree of unsaturation) measurement in edible oils and fats in a faster, better, and cheaper way.
FSSAI has approved 65 rapid food testing kits/devices so far to ensure faster, better and cheaper real-time testing of food even at the field level, thus assuring safe and good quality of food while raising the bar for food safety in the country.
To facilitate on the spot testing of adulteration in common food items, FSSAI has provided 153 mobile food testing laboratories called Food Safety on Wheels (FSWs) to the States/ UTs to add to the food testing infrastructure in the country. Any consumer can visit these FSWs and test the quality of food products. These units help the functionaries in the States to enhance their outreach and conduct surveillance activities even in far-flung areas. Most of these FSWs are being utilised by States effectively and efficiently.
For awareness among consumers about common food adulterants, FSSAI has published DART (Detecting Adulterants with Rapid Testing)book that enables a consumer to test common adulterants in food products at home. DART can be used as a ready guide for households, which can induce awareness among consumers about food safety.
A mandatory training programme covering Good Food Laboratory Practices (GFLP) is meant for all the personnel of laboratories under the purview of FSSAI. This five-day training is conducted at the premises of the state-of-the-art laboratory at Ghaziabad and/or notified laboratories having testing facilities for safety parameters (microbiological, pesticide and heavy metals) in Chemical and biological fields as per the NABL Scope.

Food testing is an important part of the food safety ecosystem. It helps in determining any risk that is associated with the food products and builds confidence in consumers that the food available for consumption is safe and hygienic. FSSAI aims to keep the confidence of consumers intact and continues to build a more robust food safety ecosystem in the country to ensure effective food safety as well as credible food testing measures at every level.

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Is Vegan Meat Healthy For You?

by cv | Apr 2, 2022 | Guest Column

Is Vegan Meat Healthy For You?

Will eating more plant-based or vegan meat benefit both our health and the environment? This question has been a debatable and an ongoing one. People believe that plant-based meat could be a sustainable answer to global environmental concerns. However, many people are skeptical as to whether it provides the same nutrients as meat.

This article discusses what constitutes plant-based meats, their pros and cons and things to keep in mind when choosing vegan meat products.

Richa Pandey

Plant-based meat, also known as vegan meat, is gaining popularity as a sustainable food these days. Globally, its market is expected to reach $22.27 billion by 2025 at a compound annual growth rate of 9%. The demand for vegan meat has increased after the COVID-19 pandemic owing to supply shortages and covid outbreaks in meat production factories. The global rise in demand for vegan meat could also be attributed to the growing awareness among people about the health benefits of vegan meat. Animal lovers and environmentalists prefer it as well as its consumption support their causes.

These days, vegan meats are readily available in restaurants, supermarkets, and grocery websites of different brands. Some commonly used foods to prepare these mock meats are peas, jackfruit, soy, quinoa, mushrooms, rice, moong bean, pulses, potatoes, etc. Many of these have a good protein content, specifically soy that has high biological value protein. Flavour plays a vital role in the acceptability of vegan meat. Leghemoglobin extracted from plants makes imparts this flavor to the vegan meat. There is a common notion amongst manufacturers that people prefer meat products over vegan meats as they are better in taste. Studies suggest that consumers found vegan and non-vegan burgers similar in taste, texture and appearance.

Benefits of Vegan Meat

It has low levels of saturated fat, cholesterol, and calories as compared to animal meat. Therefore, substituting it with actual meat can reduce the chances of occurrence of diseases like cancer, heart diseases and type-2 diabetes, etc.
Vegan meat is cruelty-free. No animal is harmed during the preparation of vegan meat. In the present food chain, animals are not just killed but are sometimes even force-fed corn to make them fat and get more quantity meat.
Vegan meat is good for the environment as animal-based foods have a higher footprint than plant-based foods.

Drawbacks of Vegan Meat

Vegan food products are mostly ultra-processed foods. They aren’t wholesome and could have high amounts of calories and fat in them. Always read a food label before buying them.
Vegan foods could be a bad alternative for individuals with gluten sensitivity. They might not have ingredients that have gluten but they are often prepared in equipment that processes wheat and other cereals that have gluten.
Both natural and artificial colours are added in foods to impart colour similar to beef, pork, etc. to the vegan meat. Make sure you check the ingredient list to pick the foods that only use natural colours.
Some vegan meat products specifically have high amounts of salt added to them. Make sure you check the food packs before buying them and pick a pack with less amount of sodium.
Women diagnosed with hormonal imbalances should check soy in the ingredient list as soy is rich in phytoestrogens, which could aggravate the hormonal disturbances.
Some people could be allergic to soy, and they should avoid having soy-based vegan meat products.

Things to Keep in Mind when Choosing Vegan Meat Products

Unlike meat products, all vegan meat products are not rich in calcium. The calcium content of chickpeas makes vegan meat produced from it a more suitable meat alternative. Coupling recipes with sesame seeds is another way to enhance the calcium content in some of the vegan meat preparations.
To enhance the nutritional quality of the vegan meats, foods can be used in combination too. Edible oils such as canola, coconut, soybean, sunflower oil, etc., are added in some preparations to add fats to vegan meat. Checking these variants in the ingredient list of food labels is a good idea.
Always choose products that have less saturated fats in them i.e. 100 gram of the products shouldn’t contain more than 10 g of saturated fats.
Always opt for options low in sodium. Compare before you make a purchase.

The Food Safety and Standards Authority of India (FSSAI) recently launched a new logo to help consumers identify plant-based foods.

Global food consumption patterns need to change and opting for vegan meats will be a significant move in conserving our environment and ensuring food and nutrition security. Switching to vegan meat will make the food supply chain more sustainable. The vegan meat market is growing rapidly but still has a small market compared to the actual meat market. Therefore, it is expensive than actual meat. As the demand for vegan meat grows, there will be a significant change in the prices of vegan meat. Current evidence suggests that there are pros and cons in switching to vegan meats but switching to it is an intelligent choice.

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Builder liable to pay damages for delay in occupation certificate: SC

by cv | Apr 2, 2022 | Legal

Builder liable to pay damages for delay in occupation certificate: SC

It’s a common grievance of home buyers that builders fail to complete the construction work including amenities as per the plan and agreed terms. With the result, occupancy certificate is not issued by the concerned authorities. In some cases, home buyers take possession under compelling circumstances with incomplete work and occupancy certificate still remains a problem. An exceptional case decided by the Hon’ble Supreme Court on 11^th January 2022 has brought a breath of fresh air to the issue of fixing liability of developers when occupancy certificate is not provided to home buyers. It is a twofold deficiency on the part of builder.

One for delay in possession due to incomplete construction.
Another for not obtaining completion certificate /occupancy certificate.

It creates further difficulties for the home buyers when they have to pay extra taxes to the corporation because residents are not permitted by the corporation to occupy premises unless it is fit to reside. This case had come up before the Hon’ble Supreme Court with these facts in the matter of Samruddhi Co-operative Housing Society Ltd V/S Mumbai Mahalaxmi Construction Pvt. Ltd against the order from NCDRC and was decided on 11^th of Jan 2022 NCDRC had dismissed the complaint on 3^rd December 2018 on two grounds.

That it was barred by limitation
That it was not maintainable since it was in the nature of a recovery proceeding and not a consumer dispute

Particulars of the case

Mumbai Mahalaxmi Construction Pvt. Ltd constructed Wings ‘A’ and ‘B of their project. The members of the Samruddhi Co-operative Housing Society booked the flats in 1993 and got possession in 1997 without taking occupancy certificate from the municipal authorities. Flat owners were not eligible for electricity and water connections. Temporary water and electricity connections were granted by the authorities on request of the residents of the society. Subsequently, now they had to pay property tax at a rate 25% higher than the normal rate and water charges at a rate which was 50% higher than the normal charge. The society filed a consumer complaint on 8 July 1998 before the State Consumer Disputes Redressal Commission, Mumbaiseeking a direction to the respondent to obtain the occupation certificate. The SCDRC directed the respondent VIDE order dated 20 August 2014, to obtain an occupancy certificate within four months. The SCDRC also directed the respondent to pay Rs. 1, 00,000/- towards reimbursement of extra water charges paid. The society filed an application for execution of the order of the SCDRC dated 20 August 2014. However, no occupancy certificate was obtained in spite of the State commission order. The Society now filed a complaintbefore the NCDRC seeking payment of Rs. 2,60,73,475/- as reimbursement of excess charges and tax paid by the members of the appellant due to the deficiency in service of the respondent and Rs. 20,00,000/- towards the mental agony and inconvenience caused to the members of the appellant. NCDRC dismissed the complaint as the above matter was a recovery suit. The society is not considered a consumer under the Consumer Protection Act.

Observations by the Supreme Court

That Complainant Society is entitled to file complaint on behalf of home buyers under Section 2(1) (d) of the Consumer Protection Act for availing services in case of any deficiency or shortcoming or inadequacy in the quality of service. There has been a direct impact on the members of the appellant in terms of the payment of higher taxes and water charges to the municipal authority. This continuous failure to obtain an occupancy certificate is a breach of the obligations imposed on the respondent under the MOFA (Maharashtra Ownership of Flats Act, 1963) and amounts to a continuing wrong. The appellants therefore, are entitled to damages arising out of this continuing wrong and their complaint is not barred by limitation. Sections 3 and 6 of the MOFA indicates that the promoter has an obligation to provide the occupancy certificate to the flat owners. Apart from this, the promoter must make payments of outgoings such as ground rent, municipal taxes, water charges and electricity charges till the time the property is transferred to the flat-owners. Where the promoter fails to pay such charges, the promoter is liable even after the transfer of property. .The society is currently pursuing the execution of the order of the SCDRC arising from that complaint. In the present case, the respondent was responsible for transferring the title of the flats to the society along with the occupancy certificate. The failure of the respondent to obtain the occupation certificate is a deficiency in service for which the respondent is liable. Thus, the members of the appellant society were well within their rights as ‘consumers’ to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate. Section 24A of the Consumer Protection Act 1986 provides a two year period of limitation from the date of cause of action. The failure to obtain the occupancy certificate in spite of Order by SCDRC dated 20 August 2014 and even after filing execution petition, it is continuation of wrong which has resulted in the levy of higher taxes on the members of the society. The complainant Society adopted the correct course of litigation in demanding for indemnification of extra payments made due to the failure on the part of builder to obtain the occupancy certificate. Homebuyers continue to suffer the injury inflicted by the builder merely due to the delay in the execution of the order against them. The fact that the Society is currently pursuing the execution of the order of the SCDRC arising from that complaint, that itself does not preclude it from claiming compensation for the consequences which have arisen out of this continuing wrong. Looking into the peculiar facts and circumstances, the Supreme Court allowed the appeal filed by the Society on behalf of home buyers and held that the complaint is justifiable. The SC directed the NCDRC to decide the case on and dispose the complaint within a period of three months from the date of this judgment.

What You Need to Understand in a Revisional Jurisdiction

by cv | Apr 2, 2022 | Legal

What You Need to Understand in a Revisional Jurisdiction

Let’s check what all are done in the Revisional provision in the Act.

To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

Particulars of the Case

Sunil Kr. Maity had a saving account number in a bank since January 2000. Later the account number was changed on 24.02.2010. The complainant went to deposit a sum of Rs.500 in the bank on 15.09.2012, when the bank staff informed him that the account number had again been changed and wrote a different account number on his passbook. Sunil Maity then deposited Rs. 500 in the account given. On 16.01.2013, the complainant deposited a cheque for Rs.3, 00,000 drawn on SBI but later on 11.12.2013 found balance of Rs. 59 only. On enquiry, the bank informed the complainant that there was another customer by the name of Sunil Maity whose account number was wrongly given to the complainant. The said Sunil Maity had withdrawn the sum of Rs. 1, 00,000 and Rs. 2, 00,000 respectively from that account number.

Verdicts by District Forum and the State Commission

The Consumer Forum made order in favour of complainant. The State Consumer Disputes Redressal Commission (SCDRC) in appeal upheld the order of the Consumer Forum except to the extent of fine imposed. A revision petition was filed before NCDRC by the Bank.

Judgment by NCDRC

NCDRC dismissed the complaint. It also suggested they approach the civil court, the case being a complicated question requiring evidence.
The National Commission had called for a report on the whole matter from the SBI in the form of six more evidences.
Reports were sought from the officers.

NCDRC grossly erred in observing that the complainant would be at liberty to seek remedy in the competent Civil Court and filing application under Section 5 of the Limitation Act, 1963. Disagreeing with this approach, the bench restored the order passed by the State Commission.

Background of the Concept of Revision in Earlier Judgments

Various earlier judgments on the issue are relevant to understand the difference between the APPEAL and REVISION before choosing the remedy for redressal of grievance.

Appeal gives the consumer to open his case before the higher court on all counts –facts of the case, law applied and evidence recorded. Everything is to be judged by the appellant court as to whether lower court has considered all the material placed on record and had applied the law laid down in correct manner. However, the complainant cannot obtain any new facts or evidence at this stage, can only emphasize the facts earlier said which could not be considered by the lower court. This is the general principal of law.
Revision is mainly on the point of jurisdiction of the court /forum and higher court is not to look into the matter in detail about facts, evidence, etc. This remedy can be invoked even before any order passed by the lower court/forum if forum had no jurisdiction to deal with the case and while exercising the revisional jurisdiction, higher court may issue appropriate directions also to the lower court /forum
The difference between appeal and revision has been clarified by the apex court on number of occasions. Supreme Court had defined the distinction as back as in 1995 while dealing in the matter of Lachhman Dass vs Santokh Singh, wherein it was held- “An appeal is a continuation of proceedings wherein the entire proceedings are again left open for consideration by the appellant authority. But in the case of revision, it has no power to reassess the evidence unless the statute expressly provides.”
The same version is repeated by the Calcutta high court in the matter of Ajay Bhandra V State Consumer Dispute Redressed Commission, West Bengal and also by the Bombay High Court in the matter of R B Upadhyaya V State Commission for Consumer Dispute Mumbai.

It has made two things clear.

First, a final order passed under this act is revisable under Section 17 and also appealable under Section 15 of the act.
Second, there is a clear distinction between the revisional power and appellant power as already discussed above.

Supreme Court in the above referred case of Sunil Kumar Maity has confirmed its earlier stand explaining once again that Revisionary jurisdiction carves limitation of the commission to act within the provisions without going beyond it. This judgment is a milestone in the consumer jurisprudence keeping in view the same provision under the new act 2019 under section 58(1)9b as reproduced above.

Stakeholders consultation on ‘Front of Pack Warning Labels (FOPL) on Unhealthy Packaged Foods in Lucknow

by cv | Mar 27, 2022 | fopl event

Stakeholders consultation on ‘Front of Pack Warning Labels (FOPL) on Unhealthy Packaged Foods in Lucknow

Consumer VOICE in associating with Consumer Guild, organized the Stakeholders’ consultation on ‘Front of Pack Warning Labels (FOPL) on Unhealthy Packaged Foods for Consumers in Lucknow, UP on 22^nd of March.

The stage was set with government officials, health and nutrition professionals and consumers, youth, and parents. The session was inaugurated by Shri Abhishek Srivastava, Chairman of Consumer Guild.

It was then taken over by Ms. Ekta Purohit, Manager, Projects, Consumer VOICE, who elaborated on Front of Pack Labels and its importance said that “Amidst the rising concerns over obesity and other non-communicable diseases (NCD) ailments in our country, it becomes imperative for consumers to be a stakeholder in deciding what to eat and what is to be avoided. Front-of-Pack warning labeling represents a key component of a comprehensive strategy to promote healthier lives. It enables consumers to identify in a quick, clear and effective way, products high in salt, sugar and fats.”

Dr Piyush Gupta, Secretary and CEO of Cancer Aid Society while talking about the harmful effects of packaged foods that are rich in salt, sugar and fats said that they too should have warning labels just like cigarette packets that will help consumers distinguish between healthy and unhealthy food products.

Abhishek Srivasta of Consumer Guild said that, “We can improve the situation by letting the consumers make the right choice with a simple warning label on the front of food packets for unhealthy foods. A front of pack warning label on packaged foods will help consumers identify the products that are high in salt, sugar and fat. FSSAI needs to accept WHO advisory standards set for India for limiting the Nutritional Profiles. Also, in FOPL they have proposed HSR label design which star ratings formula which consumers can never understand. As consumer organization, working at the grass root level we need to emphasize that a simple Warning Label symbol is always better for consumer understanding.”

Dr. Shalini Srivastava, Senior Dietician at King George’s Medical University, Lucknow, described the FOPL system as necessary to reduce non-communicable diseases. He said that this step will help in averting the menace of non-communicable diseases like diabetes, heart disease and various cancers. These are diseases that are caused especially by the consumption of highly processed packaged foods high in salt, sugar and fat. Warning labels will help people to make healthier choices and even reduce their consumption of these unhealthy foods.

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