Daily inspection and sample collection: The power and duties of food safety officer are about same as that were of food inspector. But FI was appointed by governor and FSO will be appointed by SFC. Sampling procedure is same in these two acts but the sample will be divided in to four parts instead of 3 under PFA act . One extra part will be sent to an accreted lab of vendor’s choice. If the vendor does not choose to send the sample to accredited lab what would be the fate of this part of sample? It would be a point of confusion to the FSOs.

PFA Act To FSS Act : A Process Of Reversal

 

After independence, a law to regulate manufacture and sale of food was enacted by Indian parliament in year 1954 and named as “Prevention of food adulteration act 1954”. It is very relevant here to mention that Indian penal code 1860 already had a provision to punish the persons making food nauxious or selling such food.The PFA act enacted within only seven years of Indian independence to regulate food business and for prevention of food adulteration because provisions of IPC was not sufficient enough to prevent the persons from making malpractices in food business. A latest enactment came now after 52 years of PFA act by the name of “The Food Safety And Standards Act 2006.During these 52 years whole scenario has been changed and made policy makers to go back ward in many ways. A best example of this retrogression is journey of food laws from PFA  act 1954 to FSS act 2006. A comparative study of different provisions of these two acts reveals that there is clear and multi directional retrogression in general principles of govt. A discussion about few such principles is as follows-

                   A declared reason and object of PFA act was to prevent food adulteration of any kind while as the reason for laying down of FSS act is described as “......in view of multiplicity of laws, their enforcement and standard setting as well as various implementing agencies are detrimental to the growth of nascent food processing industry” it means the main reason to enact this law is a worry about food industry and not about health of innocent poor public and it is why the implementation and inspecting bodies of FSS act are without teeth and nails . Even inspector a designation of implementation personnel under PFA act has been omitted in FSS act to please industrialists and to run their business even if illegal smoothly .So the principle “health is wealth” is now turned to “wealth is health”.

                   The PFA act believes in a principle of “punishment of offender” to teach lesson to him and others indulged in such type of illegal activities but new FSS act believes in principle of “self control”. Which when applied to essential commodities the situation became uncontrolled and even prime minister requested to traders to help him in over coming to problem of price rise. Means govt. became help less against speculators. This flop principle of self control now applied on food adulteration a serious and social crime. So the food business operators now only be requested to apply good practices in food business and can not be ordered to do so.

                   where, PFA act provided provision of minimum punishment of 3 months for minor offences but latest FSS act provisions maximum 3 months imprisonment even for obstructing or assaulting to food safety officer, a key personnel for implementation of the act. as a result , now make hazardous and even lethal adulteration, do not give sample, beat to FSO trying to inspect or taking sample, pay some money against penalty and make money and be merry. Where, PFA act provided specific limit of imprisonment for every offence , the FSS act provides only upper limit this will cause corruption in adjudication and even in courts. most of the offences under PFA act was punishable with imprisonment but in FSS act are punishable with penalty and imprisonment in case of greivous injury or death which never happens instantly in case of food adulteration and delayed injury or death could not be proved easily. So there would be no imprisonment in cases under FSS act Hence principle of imprisonment changed to principle of penalty.

                   No suit can be filed under any other act by any person aggrieved by any act or omisson of food business operator because no civil court have jurisdiction over disputes under FSS act,one another thing which draws our attention is no provision for price controlof food products. A same kind of act “drugs and cosmetic act” provides price control order for this purpose. So a food article having only 1 Rs. Manufacturing cost can be sold @ 1000 Rs. But no body will protest it.  So the act is against consumer protection. Theprinciple of consumer protection became principle of merchant protection.

                   On intensive study of FSS act it can be easily concluded that this act intends to control govt. machienary and not to food business operators. There are many rules and restrictions for govt. personnels implementing the provisions of the act, violation of which would vitiate prosecution . It is a reason why even central govt. is not in position to implement the provisions of FSS act even after 3years of enactment . what would be position of state govts which are facing financial and political crisis. The offender control system is going to change in officer control system.Food business operators and their representatives are going to work as regulator by becoming members of fssai, the only and apex regulatory body for food business.Their managers are members in central advisory committee and state advisory committee of food authority and state food commissioners respectively. The work alloted to these committee is prioritisation of work for implementation. It means food business operators would govern whole implementation process of FSS act.

                   Now, the question is , what was a real solution for the changed scenario and multiplicity of law? I think it was repeal of other food related laws except principal PFA act and to make relevant ammendments according to new needs and scientific developments to detect malpractices in food business and to make single apex authority like fssai with full independence.

                   However, at this time all of you salt inspectors be ready to serve many Pt. Alopideens on govt. salary because Prem Chandra’s era of Alopideens returned with this FSS act.And yes be careful because there is a provision of penalty on you too.