Food Adultration in India: Issue of Policy or Social System

21
Food Adultration in India: Issue of Policy or Social System? Deviprasad Ghosh MBA (Marketing) SP Jain Institute of Management, Mumbai (1994-1996) ABSTRACT The author critically evaluates the policy and legal issues pertaining to food Adulteration in India by analyzing real life cases of adulteration and adulterants, but argues that legislation or government alone cannot tackle the problem of adulteration, corporate social responsibility and society at large needs to work towards its elimination. Economic development cannot be separate from the Social development of the country. The case discussed on how food sellers and also reputed companies are taking advantage of weak regulations and even weaker enforcement. This paper will be best suited to students of management and practitioners in government bodies, social organizations and company professionals associated to food industry. As the issues discussed here are faced by almost every individual in the country it is suitable for general public. This paper also has potential for use as case study for educational purpose for business environment study. Keywords: Food adulteration, Food Policy Reforms, Corporate Social Responsibil- ity, Social System, PFA Act, Business Environment Introduction India has made a business of adulteration which if measured could size over rupees several thousand crores. Take mineral water for instance. It is easily over Rs 1,000 crore business today. Capitalising on the citizen’s fear that water supplied by civic bodies is not clean, the bottled water industry sprung up. Today, bottled water or so- called mineral water is available even in remote rural hamlets. How safe is it? It looks clear, but ask the Consumer Education and Research Centre in Ahmedabad. The organisation, which has been fighting to create consumer awareness, did a study of 13 leading brands of bottled water. The results are shocking. Ten were found to have foreign objects floating in it. None were free from bacteria. Two of them contained toxic heavy metals! (Outlook November 2003) It is not just water. Adulterators flourish in every sphere of activity. They continue : 2(1)49-69, June, 2012 * Corressponding Author: Present Address:

Transcript of Food Adultration in India: Issue of Policy or Social System

Food Adultration in India: Issue of Policy orSocial System?

Deviprasad Ghosh

MBA (Marketing) SP Jain Institute of Management, Mumbai (1994-1996)

ABSTRACT

The author critically evaluates the policy and legal issues pertaining to foodAdulteration in India by analyzing real life cases of adulteration and adulterants,but argues that legislation or government alone cannot tackle the problem ofadulteration, corporate social responsibility and society at large needs to worktowards its elimination. Economic development cannot be separate from the Socialdevelopment of the country.The case discussed on how food sellers and also reputed companies are takingadvantage of weak regulations and even weaker enforcement.This paper will be best suited to students of management and practitioners ingovernment bodies, social organizations and company professionals associated tofood industry. As the issues discussed here are faced by almost every individualin the country it is suitable for general public. This paper also has potential foruse as case study for educational purpose for business environment study.

Keywords: Food adulteration, Food Policy Reforms, Corporate Social Responsibil-ity, Social System, PFA Act, Business Environment

Introduction

India has made a business of adulteration which if measured could size over rupeesseveral thousand crores. Take mineral water for instance. It is easily over Rs 1,000crore business today. Capitalising on the citizen’s fear that water supplied by civicbodies is not clean, the bottled water industry sprung up. Today, bottled water or so-called mineral water is available even in remote rural hamlets.

How safe is it? It looks clear, but ask the Consumer Education and Research Centrein Ahmedabad. The organisation, which has been fighting to create consumerawareness, did a study of 13 leading brands of bottled water. The results are shocking.Ten were found to have foreign objects floating in it. None were free from bacteria.Two of them contained toxic heavy metals! (Outlook November 2003)

It is not just water. Adulterators flourish in every sphere of activity. They continue

: 2(1)49-69, June, 2012

*Corressponding Author:Present Address:

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50 : 2(1)49-69, June, 2012

their business without any check or hindrance. And laugh all the way to the bank.Almost everything that we use is adulterated.

In September 1998, the Canadian government warned its citizens not to consumeany foodstuff cooked or processed in oil from India as it could be adulterated withargemone. Scores had died or were crippled in north India as unscrupulous tradersmixed the fatal argemone oil to mustard oil to raise their profits. Human lives havesuch low value in India that it just passed off as another tragedy.

Do you have a problem getting your child to have his daily glass of milk? Maybe, itis a blessing in disguise. Milk is being adulterated with synthetic chemicals anddetergent powder that could cause irreparable damage. It is another flourishingbusiness. In the trade, it is known as synthetic milk. The Delhi police in May 2000seized 76,000 litres of adulterated milk packed in pouches similar to the ones ofMother Dairy run by the prestigious National Dairy Development Board. Elsewhere,in places like Bangalore, fat is being removed from milk and then sold after mixingit with harmful chemicals to whiten and thicken the thin liquid.

Foodstuff is increasingly becoming the target. We just have to watch what we eat.Sugar could have tiny chalk crystals. Salt could have powdered stone. Chilli powdercould have brick powder. Dhania could have sawdust or even powdered cow dung.Jaggery syrup is added to honey. Mouthwatering barfis could have harmful dyesand colours that can cause cancer. Cumin seeds could have coal particles. Ironfilings are being added to tea leaves. Coloured sawdust are added to many fooditems like sooji. Now, fruits have also got added to the list. Reports had come inthat traders were injecting red colour into the watermelons to make them moreattractive.

As a normal individual the delectable and the luscious colour of the sweetmeats or“Mithai” attract you? Decorated with an equally attractive silver foil or so youbelieve! “Besan ladoos”, the color so attractive, that you almost want to devour it.It is the whiteness of the puffed rice that you loved rather than the puffed rice itself?Or the taste of that spicy deep yellow colored Indian snack called “Pakoda”? Andyou wonder why whenever you make it at home, you never get that same yellowcolour?

When you move about in the market and see the attractively decorated sweets andother edible items your appetite becomes almost insatiable. And that’s what it ismeant to do to you. Attract you to buy and eat. But wait! In the process you may beeating “Metanil yellow” a non-permitted coal tar dye commonly known as ‘KishoriRang’, “Rhodamin-B”, “Lead Chromate” or perhaps “Ultra Marine Blue”. Theseare all non-permissible and banned colours and they cause serious health hazardsand may also cause cancer in the long run. They are carcinogenic.

We may be eating a dangerous dye, sawdust, soap stone, industrial starch, Aluminumfoil and believe it, even cow-dung! Invite disease rather than good health. But whereis the law enforcing authorities? What are they doing? Every adulteration case is

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: 2(1)49-69, June, 2011 51

discovered by social organizations, companies or individuals, other than the enforcingauthorities?

What is Food Adulteration

Food adulteration can be called as deliberate contamination of food materials withlow quality, cheap, non-edible or toxic substances. While the substance that degradesor lowers the quality of food is an adulterant.

Prevention of Food Adulteration Act, 1954, an Act that defined food safety normsin the country, defined that a food article is considered adulterated, if

a. the article sold by a vendor is not of the nature, substance or quality demandedby the purchaser or which it purports to be;

b. the article contains any substance affecting its quality or of it is so processedas to injuriously affect its nature, substance or quality;

c. any inferior or cheaper substance has been substituted wholly or partly forthe article, or any constituent of the article has been wholly or partly abstractedfrom it, so as to affecting its quality or of it is so processed as to injuriouslyaffect its nature, substance or quality;

d. the article had been prepared, packed or kept under in sanitary conditionswhereby it has become contaminated or injurious to health;

e. the article consists wholly or in part of any filthy, putrid, disgusting, rotten,decomposed or diseased animal or vegetable substance or being insect-infested, or is otherwise unfit for human consumption;

f. the article is obtained from a diseased animal;

g. the article contains any poisonous or other ingredient, which is injurious tohealth;

h. the container of the article is composed of any poisonous or deleterioussubstance, which renders its contents injurious to health;

i. the article contains any prohibited colouring matter or preservative, or anypermitted colouring matter or preservative in excess of the prescribed limits;

j. the quality or purity of the article falls below the prescribed standard, or itsconstituents are present in proportions other standard, or its constituents arepresent in proportions other than those prescribed, whether or not renderingit injurious to health.

Thus, additions of water to milk amount to adulteration, within the meaning of sub-clauses (b) or (c).

Adulteration in food is normally present in its most crude form; prohibited substancesare either added partly or wholly substituted. In India normally the contamination/

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adulteration in food is done either for financial gain or lack in proper hygieniccondition of processing, storing, transportation and marketing. This ultimately resultsthat the consumer is either cheated or often become victim of diseases. However,adequate precautions taken by the consumer at the time of purchase of such producecan make him alert and avoid procurement of such food. It is important that consumeris educated on common adulterants and their effect on health.

Common Adulterants/ Contaminants in Food

Adulteration in food is normally present in its most crude form; prohibited substancesare either added partly or wholly substituted. In India normally the contamination/adulteration in food is done either for financial gain or due to carelessness and lackin proper hygienic condition of processing, storing, transportation and marketing.This ultimately results that the consumer is either cheated or often become victimof diseases. Such types of adulteration are quite common in developing countries orbackward countries. However, adequate precautions taken by the consumer at thetime of purchase of such produce can make him alert to avoid procurement of suchfood. It is equally important for the consumer to know the common adulterants andtheir effect on health.

Cases of Food Adulteration by Reputed Companies

1. Soft Drinks: High Level of Pesticide in Pepsi and Coca-Cola drinks

Tests conducted by Pollution Monitoring Laboratory of Centre for Science andEnvironment (CSE) showed cold drink brands sold by the firms in India containedfour toxic pesticides and insecticides: lindane, DDT, malathion and chlorpyrifos.The independent environmental group said it had found no pesticides in tests ofCoke and Pepsi soft drink brands sold in the United States. The CSE said its tests,conducted over the past six months, showed the amount of DDT in Pepsi was 16times higher than EU norms and 9 times higher in Coca-Cola.

The Indian government has ordered an investigation into why as many as12 brandsof cold drinks owned and marketed by Coca-Cola and Pepsi allegedly found thatthey contained on average more than 30 times the EU legal limit for pesticides.

Issue: Soft drinks have been exempted from India’s food regulations. It is clear thatthere are loopholes in regulations, which companies have exploited. The result alsoshowed that the same company complied to norms in countries where the enforcementof rule was stringent.

2. Confectionery: Worms found in Cadbury chocolate packet

A Cadbury stockist found worms coming out of Dairy Milk chocolates. He informedthe manufacturer. But when they did not act on his complaint, he approached FDA.”

The Cadbury spokesman said chocolates are vulnerable to infestation if they arestored near grains and cereals, or in unhygienic conditions. The company, therefore,

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 53

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Food Adultration in India: Issue of Policy or Social System

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Food Adultration in India: Issue of Policy or Social System

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provides retailers with storage dispensers and visicoolers to give adequate protectionto its products. Additionally, every Cadbury product label mentions the careinstruction: ‘Store in a cool, hygienic and dry place.’ The company had offered theplea that faulty storage by a dealer was responsible for the incident and thereforecompany cannot be blamed.

Issue: Company as well as the stockist is trying to blame each other as this is a greyarea of the food regulation act and therefore difficult to fix responsibility.

3. Packaged Water: BISLERI & AQUAFINA :Is packaged/mineral water safefor drinking

“Around 213 units which have either not submitted test report conforming to thenorms, or are performing below the laid-down quality standards have been issued‘stop-marking’ order by the government and can therefore not manufacture bottledwater,”

They said the units debarred from using ‘ISI mark’ and thus not allowed to producebottled water include at least three, which are manufacturing and selling the Kinleybrand, eight (Bisleri) and two (Kingfisher). Fantastic Aqua Products, Satara andKing Aqua, Guwahati.

Of the 1018 licences issued, only 802 units deposited samples in line with the newnorms. The ‘stop-marking order’ has been imposed on 158 units due to non-submission of test report on pesticide residues. It has also been imposed on another55 units on grounds of unsatisfactory performance.

The debate over pesticide-laced bottled soft drinks — as also packaged drinkingwater — is raging, but it seems consumers will have to wait till January before theyget ‘safe’ packaged drinking water. The new norms regulating the safety of bottledwater will come into force from January, 2004.The Ministry of Health and FamilyWelfare released a notification in July, 2003 laying down the quality standards tobe followed by the manufacturers of packaged drinking water.

A study conducted by the Centre for Science and Environment says that most of thebrands of packaged/mineral water available in the country contain pesticides —several of them banned — significantly higher than permissible limits, which cancause serious physical impairment ranging from damage to the central nervous systemto lung cancer.

Evian, which is imported from France and not bottled in India, is the only brand inwhich no traces of pesticides were found.

Coca-Cola’s Kinley has 4.6 times more than the prescribed limits of pesticides.Other brands that find a mention in the list include No.1 McDowell and Kingfisherfrom the UB stables, Pepsi’s Aquafina, Nestle India’s Pure Life and DS Foods’mineral water Catch and Prakash Chauhan’s Bailley.

Issue: Companies are exploiting the weak enforcement of rules in the country. The

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result also showed that the imported products of same company complied to normswhere the enforcement of rules was stringent.

Prevention of Food Adulteration

1. Loose food – Bring balance between supply and demand

Private agencies that sell loose food products often are the main cause of sellingadulterated food items. All types of loose foods, whether it is oil, milk or essentialcommodities, we find adulteration in all. It takes place normally due to supply anddemand situation. If demand increases and supply is less then it leads to adulteration.In other words we can say that adulteration takes place due to scarcity ofcommodities. There cannot be any mechanism to estimate the level of adulterationat any given point.

2. Packaged Food-Can packaging Help

Once the product is packed well, then that packaging ensures that the content aswell as the freshness of the packed food remains intact. Packaging also ensuresresponsibility. For example, once packaging is introduced to a product it cannot bemarketed till it is branded. Branding ensures credibility of the packaged productand is accountable to the consumers. It also helps in presenting the details of thepacked product, like the constitution of the content, the dates of production, expiryand the preservatives used. Mere packaging cannot ensure any check on adulterationas the process is based on the system of garbage-in-garbage-out.

3. Governing Bodies – Public or private to owe responsibility

The governing bodies, which is administering the process, certainly ownsresponsibility of the failure of any system, which leads to adulteration. Thegovernment should lay down stringent rules as well as ensure that the rules arefollowed.

Since adulteration takes place due to scarcity of a commodity, the government orthe governing body should also anticipate shortfalls and put a strict check on anti-elements of the society who can cause adulteration.

4. Public Awareness Programme

Public opinion and concern over adulteration of food products has probably neverbeen more exacting as now. Yet, general public awareness about the food safetyand knowledge about taking up quality issues with enforcement agencies remainsdismally low, according to an interim study report conducted by the ConsumerCoordination Council (CCC), a coalition of consumer groups.

Ministry of Food Processing Industries recently initiated a survey to understand thelevel of public awareness on food quality. The study was conducted in seven citiesacross four regions - North (Delhi), West (Mumbai, Ahmedabad, Bhopal), East

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 59

(Cuttack, Rourkela), and South (Pondicherry), with a total sample size of about400 people.

Two types of questionnaires were developed- one for consumers and the other forthe enforcement agencies.

Results across all locations surveyed showed that packaged food products scoredover loose ones on account of quality, quantity and packaging details such as dateof manufacture. Further, over 90 per cent consumers preferred to buy fresh foodproducts over processed foods, which the respondents perceived either as not beingfresh or containing harmful preservatives.

Also, consumer awareness about the need for food quality was satisfactory in thecities covered, given that majority of consumers in all locations surveyed said theyassess the quality of loose and processed food before buying. While the one attributethat consumers were most concerned about, was the manufacturing details of thefood product, ISI/Agmark indication and quality of seal were other areas of concern.Interestingly, while levels of awareness about lodging complaints under thePrevention of Food Adulteration (PFA) Act were reasonable, knowledge aboutprocedures for registering complaints remained poor.

The respondents were found to be comparatively more aware about the PFA Actand Standard of Weights & Measures Rules (for packaged commodities), than rulespertaining to Packaging and Labeling of foods products. Besides, no more than 6%of consumer to have acted on the basis of food quality legislations and took uprelevant issues with the enforcement agencies.

The majority of consumers in the cities felt the level of general public consciousnessabout food safety and quality standards was poor. Steps suggested to increaseawareness levels about such issues include campaigns in schools and colleges,circulation of pamphlets and literature, and TV and print media campaigns.

The number of prosecution cases regarding food products was found to be the highestin Ahmedabad (234) in year 2002-03, and the highest number of inspections oflicensed establishments also took place in Ahmedabad (11,140) in year 2002-03.

A number of publicity materials on food safety and quality control have been broughtout. These have been distributed free of cost to the States/UTs and ConsumerOrganization. A kit for detection of adulterant which could be used by housewiveshave been developed and a few of these kits were distributed free of cost to theconsumer organizations. 13 training programmes for consumer’s organizations havebeen organized at different places to acquaint them with the importance of foodsafety and quality control activities. Approximately, 190 Consumer Organizationshave been imparted training.

Monitoring Bodies and Policy

Food safety through Food Quality Control Programme is of Paramount importance

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in achieving the objective of “Health for all”. It can be achieved through the combinedefforts and cooperation of food industry (Self-Disciplined Programmes and Codesof Practices) and the Government Authorities (Legislative Measures). In all thecases, the co-operation of the Consumer Organizations/Non-GovernmentalOrganizations (NGOs) is a must.

The legislative measures adopted for food safety are provided under the Preventionof Food Adulteration (PFA) Act- a piece of Central Legislation promulgated in1954 which repealed all earlier Acts of the State Governments.

(A) The Prevention of Food Adulteration Act, 1954- Prohibitions andrestrictions

The Prevention of Food Adulteration Act, 1954 aims at making provisions for theprevention of adulteration of food. The Act, “which came into effect from 1st June,1955 has been amended thrice, in 1964, 1976 and 1986 for plugging the loopholesand making the punishments more stringent and empowering the consumers andvoluntary organizations to play more effective role in its implementation. Thefollowing preventions and restrictions are at present provided in the act to preventadulteration:

a. Prohibition on the manufacture, storing, sale or distribution of certain foodarticles

No person shall manufacture, store, sell or distribute-

(i) any adulterated food,

(ii) any misbranded food,

(iii) food articles to be sold under licence without fulfilling the conditions of thelicence,

(iv) any food article the sale of which is prohibited by the Food (Health) Authorityin the interest of public health,

(v) any food article in contravention of any other provision of the Act or theRules, or

(vi) any adulterant.

The act of storing an adulterated article of food would be an offence only if storingis for sale. The sale of a part of the stored article constitutes an offence distinct andindependent from the offence of storing for sale.

b. Prohibition on use of certain expressions while labeling of edible oilsand fats: The package, label or the advertisement of edible oils and fatsshall not use the expressions Super-Refined, Extra-Refined, Micro-Refined,Double-Refined, Ultra-Refined, Anti-Cholesterol, Cholesterol Fighter, Sooth-ing to Heart, Cholesterol Friendly, Saturated Fat Free or such other expres-

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 61

sions which are exaggerations of the quality of the product.

c. Prohibition on sale of certain admixtures: For example, cream which hasnot been prepared exclusively from milk; milk which contains any addedwater; ghee which contains any added matter not exclusively derived frommilk fat; a mixture of two or more edible oils as an edible oil; and turmericcontaining any foreign substances, etc.

d. Prohibition on use of acetylene gas (carbide gas) in artificially ripening offruits.

e. Prohibition on sale of food articles coated with mineral oil, except inaccordance with the permitted standards.

f. Restriction on sale of ghee having less than specified Reichert value exceptunder the “AGMARK” seal.

g. Prohibition on sale of admixtures of ghee or butter or on its use as an ingredientin the preparation of an article of food.

h. Any food item resembling honey, but not pure honey, shall not be marked“honey”.

i. Restriction on sale of kangra tea except only after it is graded and marked inaccordance with the provisions of Agricultural Produce (Grading andMarketing) Act, 1937 and the Rules made there under.

j. Conditions for sale of flavoured tea only by those manufacturers. Who areregistered with Tea Board and the package bearing the label, ‘FLAVOUREDTEA’ (Common name of permitted flavour, percentage and Registration No.)

k. Restriction on sale of common salt No person shall, sell or offer or exposefor sale or have in his premises for the purpose of sale, common salt fordirect human consumption unless the same is iodised.

l. Restriction on use and sale of artificial sweeteners except that saccharinsodium can be added to carbonated water, supari, pan masala and panflavouring material within the specified maximum limit and aspertaine maybe sold for diabetic use under medical advice.

m. Prohibition on sale of permitted food colours, i.e. Synthetic colours, or theirmixtures or any preparation of such colours, except under a licence.

n. Prohibition on sale of permitted food additives, except only under the ISIcertification marks.

o. Flavouring agents: prohibition on use of coumarin and dihydro cocumarin,tankabean (dipteryl adorat) and b-asarane and cinamyl authracilate, asflavouring agents. Any extraneous addition of flavouring agent should bementioned on the label attached to any package of food so flavoured, in capitalletters in the following manner:

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62 : 2(1)49-69, June, 2012

“Contains Added Flavour”

p. Restriction on use of preservatives: Preservative means a substance whichwhen added to food, is capable of inhibiting, retarding or arresting the processof fermentation, acidification or other decomposition of food.

Addition of Class I preservatives i.e. Common Salt, Sugar, Dextrose, Glucose(syrup), Spices, Vinegar or acetic acid, honey and edible vegetable oil, in any foodis not restricted, provided that the food article to which the preservative has beenadded conforms to the specifications laid down in the Act.

Class II preservatives such as Benzoic acid and its salts, sodium diacetate andsodium, potassium and calcium salts of lactic acid, etc. can be used only restrictively.Use of more than one Class II preservative is prohibited.

q. Conditions for sale of a food article: Every utensil or container, used formanufacturing, preparing or containing any food or ingredients therefore,and second hand tin containers for packaging of edible oils and fats, meantfor sale, shall be maintained in a clean and sanitary condition, away fromimpure air or dust, properly covered at all times, and such utensils or containersshall not be used for any other purpose. Use of rusty containers, improperlytinned copper or brass containers, containers of aluminium or plastic notconforming to ISI specifications, etc., in preparation of food, is also prohibited.Besides, certain special conditions for sale of certain articles such asasafoetida, salseed fat, lactic acid, edible oils, katha, margarine, milk powder,etc. have also been laid down.

With effect from 22.2.95, no person shall sell powdered spices except in packedform. No person shall sell or serve food in any commercial establishment in plasticarticles used in catering and cutlery, unless the plastic material used in catering andcutlery articles, conform to the food grade plastic.

r. Purchaser may have food analysed: A purchaser of any article of food, or arecognised consumer association, may also get an article of food analysed bythe public analyst on payment of the prescribed fees, provided that the vendoris informed of this intended action at the time of purchase. Thereafter, thepurchaser or the consumer associations, have to follow the same procedureas discussed above in the case of Food Inspectors. If the article of food isfound to be adulterated, the fees paid by the purchaser or the associationshall be refunded.

s. Offences and penalties: Import, manufacture, storage, sale or distribution ofany food article, which is adulterated by allowing its quality or purity to fallbelow the prescribed standard, or is misbranded, or in contravention of anyprovision of the Act or Rules. Penalty is minimum imprisonment of six monthsthat may extend upto 3 years and minimum fine of Rs 1000.

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 63

Import, manufacture, storage, sale or distribution of any adulterant not injurious tohealth. Penalty is minimum imprisonment of six months that may extend upto 3years and minimum fine of Rs 1000.

Preventing a Food Inspector from taking a sample or exercising his powers. Penaltyis minimum imprisonment of six months that may extend upto 3 years and minimumfine of Rs 1000.

Giving a false warranty in writing in respect of any food article. Penalty is minimumimprisonment of six months that may extend upto 3 years and minimum fine of Rs1000.

Import, manufacture, storage, sale or distribution of any food article, which isadulterated within the meaning of any of the sub-clauses of the PFA Act; or anyadulterant, which is injurious to health. Penalty is minimum imprisonment of oneyear that may extend upto 6 years and minimum fine of Rs 2000.

Sale or distribution of any food article containing any poisonous or other ingredientinjurious to health, which is likely to cause death or grievous bodily harm. Penaltyis minimum imprisonment of three years that may extend upto life and minimumfine of Rs 5000.

B. Role of Central Government

Central government bodies are given the responsibility to perform the followingfunctions:

(i) To review the provisions of the Prevention of Food Adulteration Act, Rulesand Standards in consultation with the Central Committee for Food Standards,a statutory Advisory Committee under the Act and its 9 technical Sub-Committees.

(ii) To conduct examination for the chemists for their appointment as PublicAnalysts under the Act.

(iii) To organize training programmes for various functionaries (viz., Senior levelOfficers, Chemists, Food inspectors and Consumer Organizations) under the Act.

(iv) To approve the State Prevention of Food Adulteration Rules.

(v) To examine and approve the labels of Infant Foods.

(vi) To evaluate and monitor the progress of implementation of the Act in theStates/ UTs. by collecting periodical reports and spot visits.

(vii) To liaise with National and International Food Quality Control Organizationsi.e. Bureau of Indian Standards (associated with certification of processedfood articles). Directorate of Marketing and Inspection, Operating AgmarkScheme, Ministry of Food Processing Industries implementing Fruits ProductsOrder (FPO) and Codex Alimentarious Commission.

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(viii) To ensure quality of food imported into India under the Provisions of the PFAAct.

(ix) To create Consumer awareness.

(x) To augment the Food Testing Laboratories.

C. Central Food Laboratories

Four Central Food Laboratories have been established under the Act, which workas appellate laboratories for the purpose, of analysis of appeal samples, of foodarticles lifted by the Food Inspectors of States/UTs and Local Bodies. The twolaboratories-Food Research and Standardization Laboratory, Ghaziabad and CentralFood Laboratory, Calcutta are under the administrative control of the DirectorateGeneral of Health Services and the other two Laboratories viz., (a) Central FoodLaboratory, Pune and (b) Central Food Laboratory, Mysore, are under theadministrative control of Government of Maharashtra and Council of Scientificand Industrial Research, Government of India, respectively.

D. State Food Laboratories

There are 81 Food Laboratories under the administrative control of States/UTsGovernments and Local Bodies to look into implementation of Food Safetyregulations.

E. Food and Drug Administration (FDA)

As a response to emerging challenges, FDA has reorganised itself by creatingspecialised centres.

FDA Mission are listed below:

1. Consumer must get safe, unadulterated and good quality food items

2. Prevention, evaluation of adverse reactions and hazards.

3. Developing, enforcing guidelines for eateries.

4. Preparation of – Minimum safety standards, Standard operating procedures,Good kitchen practices.

5. Centre for information resources.

6. Inspection, sampling, evaluation and monitoring.

FDA Activities:

1. Collection of statistical data on manufacturers, wholesalers, traders

2. Collect information on types of confectionery milk and milk productsmanufactured, location of manufactures Gram panchayat, Municipal orcorporations areas, Area of manufacturing units, Qualification and experience

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 65

of the person in-charge and other persons responsible for manufacturing. Inhouse and outside testing facilities.

3. Chalk out planned Inspection programmes and sampling programme

• Evaluate results of inspection sampling

• Assess compliance level upgradation

• Administrative and legal action to penalize offenders.

F. WHO assisted activities

(i) Under WHO assisted –activities, the Government of India has arrangedtraining programmes for Analysts/Chemists working in the food laboratoriesof the States/UTs in the field of sophisticated analysis for presence of heavymetal, Aflatoxin, pesticide residues, microbiological analysis and foodpackaging materials.

(ii) Survey on the quality of Plastic Containers in use for Food Packaging wascarried out at Central Food Laboratories, Calcutta and Pune.

(iii) Survey to find out Pesticide Residues in Food Articles was carried out atCentral Food Laboratories, Calcutta, Pune, Mysore and National Institute ofNutrition, Hyderabad.

(iv) Central Food Technological Research Institute, Mysore, Central FoodLaboratory, Pune and Central Food Laboratory, Calcutta have carried outsurvey on Quality of food packaging material.

(v) Training programme for the Chemists in detection of adulteration in milk hasbeen arranged.

(vi) Training programmes were organized for recognised Consumer Organizationsso as to acquaint them with the latest developments of the programme ofSafety & Quality Control of Food.

(vii) A workshop on involvement of Consumer Associations (N.G.Os) in theprogramme of Food and Drug Safety and Quality Control was held atConstitution Club, New Delhi on January 14th and 15th, 1997, incollaboration with the Central Health Education Bureau, New Delhi.

Food Policy Reforms – Issues Still Persist

1. No clear definitions: Manufacture, Storing, Sale and Distribution is regulatedby the Prevention of Food Adulteration Act, 1954. Unlike Drugs andCosmetics Act, 1940, the PFA Act, 1954 does not stipulate separate licensesfor manufacturing, selling by wholesale or retail. It does not also provideelaborate conditions to be complied before a license is granted or renewed.The concept of Good Manufacturing practices, Good laboratory practices,

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quality assurance, and minimum level of hygiene is ambiguous and open tomisinterpretation. Sanitation is not incorporated under the Act. Minimumstandards are prescribed for number of food articles and if the article conformto these standards, food article is considered not adulterated though it maybe still of poor quality.

2 Ambiguity of law in terms of fixing responsibility of adulteration: Mostof the sale of food articles is in loose condition. Therefore, most of the times,the responsibility cannot be fixed on the person responsible for adulteration.Food articles like Oil, Milk are adulterated with cheaper oils or by additionof water. Cases of food poisoning due to bacterial contamination resultingfrom unhygienic conditions and improper storage of food articles arecommon.With the continuous economic liberalization, manufacturingprocesses are expected to become more elaborate and sophisticated, thedistribution network to widen and more integrated. This will only increasethe challenges before enforcement agencies.

3 Enforcement is Weak: The rules are stringent but its enforcement is weak.For instance as a part of FPO, every food producing factory should have pre-requisite facility to ensure quality. In the milk dairy system we have theMPO, which has laid down stringent orders to mention the day and time ofpackaging of milk in the containers. Prevention of Food Adulteration Actalso lists down the strict rules, which, if not followed, are punishable by law.

Management techniques are also available in the country, which can helpprevent food adulteration. But adulteration is more of ethics including thevalue system of the society. No straightjacket management technique canhelp in preventing this menace. Only media campaign can generate awarenessand enforce accountability on those who are involved in the system.

4 Punishment for offence is inadequate: We have seen that the monetarygains out of adulteration are huge. Given that the punishments under the acteven if convicted is hardly 6 months to 3 years jail term and penalty rangingfrom Rs.1000 to Rs.5000 is no deterrent for agencies who are involved inadulteration for profit enhancement.

5 NGOs and also Government are concentrating on Packaged food which isconsumed by merely 10-15% of the population and account for merely 1 out of100 times of food item purchasing, while the loose food product sellers, Halwaiand eateries are overlooked where 90% of the population is exposed toadulteration. Therefore, there is need for government to shift its focus on eateries,hawkers and loose food products agencies in greater interest of public health.

Way Forward

1. Consumer to be educated on safety norms, common adulterant and waysto detect adulteration themselves: Selection of wholesome and non-

Food Adultration in India: Issue of Policy or Social System

: 2(1)49-69, June, 2011 67

adulterated food is essential for daily life to make sure that such foods do notcause any health hazard. Although it is not possible to ensure wholesomefood only on visual examination when the toxic contaminants are present inppm/ppb level. However, visual examination of the food before purchasemakes sure to ensure absence of insects, visual fungus, foreign matters, etc.Therefore, due care taken by the consumer at the time of purchase of foodafter thoroughly examining can be of great help. Secondly, label declarationon packed food is very important for knowing the ingredients and nutritionalvalue. It also helps in checking the freshness of the food and the period ofbest before use. The consumer should avoid taking food from an unhygienicplace and food being prepared under unhygienic conditions. Such types offood may cause various diseases. Consumption of cut fruits being sold inunhygienic conditions should be avoided. It is always better to buy certifiedfood from reputed shop.

2. Trust of people in the system is very low: Very few people have so farreported or acted on adulteration issue. This is because of peoples don’t expectaction from the enforcement agencies on grounds of corruption and overallattitude of the officials. Government needs to make the overall functioning ofthe department transparent and resort to media campaign to make peopleaware of the process and functioning of the department. This will build trustof people in the system.

3 People aware of PFA Act, 1954 but have poor knowledge of how toregister complain: The awareness of consumer about various foodadulteration act was reasonable, but amongst those aware, most did not knowhow and where to register complain. In this regard, government needs toexpand its contact points and also campaign to make it popular like police,fire, and medical emergency services for achieving expected response fromconsumers.

4. The Government should set up mobile testing laboratories in order to createawareness on adulteration as well as speedy redressal of consumer complaints.

Also, frequent raids should be conducted by enforcement agencies to bringthose violating the norms to book. License renewal system should be mademore stringent so that organisations will refrain from violating norms on fearof likely non-renewal of their license.

5. The Government should bring about legislation to prevent food and relatedbusiness without a valid license and also simplifying some sections in thePFA Act, to help easy interpretation of act by consumers as well as enforcementagencies.

6. There should be differentiation between adulteration and substandard foodquality.

Ghosh

68 : 2(1)49-69, June, 2012

The mixing of one substance with another material causing harm to healthhad to be defined as true adulteration. Food Products not upto mark but nomixing found should be treaded as case of substandard quality. Punishmentsshould also be given accordingly.

7. Government should make it mandatory for the manufacturer of food items toissue quality analysis certificate by an authorised public analyst with everysale. This is similar to the way industrial goods must carry testing and qualitycertification from authorized certification agencies.

8. All types of food products should be covered under the PFA Act and providefor mandatory testing of Food additives, besides bringing microbiologicalspecifications for food products under the purview of the PFA Act. Soft drinksare one such example.

Questions

1. In light of the case, identify the steps that you expect from the new centraland state government to curb food adulteration in the country?

2. If you were the CEO of the company in food business, what would youpractice- Corporate Social Responsibility or Leverage Business Opportunity?Justify your comment.

3. In light of the violation of norms by multinational companies, if you were theenforcement officer, what action you would have taken to prevent repeat ofthe event?

4. Do you think that government while doing Policy Reforms in any sector hascompletely ignored the consumer protection issues? Can you cite examplesfrom other sectors where the companies have flouted consumer protection?

5. Do you agree with the conclusions drawn in the case? Justify your comment

Teaching Note

Overview

In the above case we have discussed how food companies are taking advantage ofweak regulations and even weaker enforcement. The case points out real lifesituations of adulteration, which the reader is likely to have faced so that he comesout with solutions to control such menace. The case also bring alive the case ofsociety also responsible for food adulteration.

Application

This case will be best suited to government bodies, social organizations and companyprofessionals related to food industry. It is also suitable for general public as it willeducate them of their social responsibility. As the issues discussed here are facedby almost every individuals in the country it is suitable for general public.

Food Adultration in India: Issue of Policy or Social System

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Management students could get an insight into the social responsibilities of company,government bodies and general public. Economic development cannot be separatefrom the social development of the country.

Objective of the Case

The case is a type of Complex case. This case will present the readers an insight of:

1. Social issues arising out of Food Adulteration in the country.

2. The case will provide insight into various harmful food contaminations &adulterations, which go unnoticed in day-to-day life.

3. The case points out real life situations of adulteration, which will encouragereader to come out with alternative solutions to curb menace on case-to-casebasis.

4. Case also points out that legislation or government alone cannot tackle theproblem of adulteration. Society at large needs to work towards its elimination.

Referenceshttp://mofpi.nic.in site for information on PFA Act, 1954 and government bodies.http://agmarknet.nic.in for information on Adulterants.The textbook “Economic Environment of Business” by Mishra and Puri.Outlook November 2003.