Unsafe Food in Market - What to do now?

Unsafe food on shelf - wait we are thinking what to do now?

Can you Make and Accept food which is Partially Safe?

Can Food Safety be Graded?

To,

The Chairperson

Food Safety & Standards Authority of India

New Delhi

Comments on Food Recall Draft Notification issued on 22^nd April 2015

Dear Sir,

These are my views as citizen of India in personal capacity.

Concern: It is well know that food safety cannot be compromised, but the way notification is drafted, it seems we have lost the focus from food safety and more concerned about mechanics of the food recall. This approach may not achieve the desired objective of ‘removing unsafe food in least possible time from the market and with least possible injury to consumers’.

I have the following concerns and issues as citizen of India and which I feel should be addressed by the authority responsible for ensuring safe food for consumers in India:

1.      Section 6 i.e. Classification: Can you say food is 50% safe, 80% safe or 20% safe? If food is 80% safe, what is remaining 20%? As per my understanding of food science, food safety is absolute. Food is either safe or unsafe.

It is like saying someone is partially pregnant. Can you accept such logic?

What is the logic of this classification; it is not clear either from definition or from the text of the Draft. Notification is silent on classification criteria. In my view there can’t be classification when it comes to recall of unsafe food. No other person can decide injury is grave or less. Who will decide on my behalf?  
Any injury is injury, consumer has to suffer. This depends upon time and situation. If I suffer food poisoning on normal day or on the day or exam or interview, can you say injury is same?

We can’t measure the injury from our yardstick for someone else.  If labour is sick for one day is okay but if MD of company is for one day sick, it is bad. Are we going to justify like this? This is against human Rights and dignity of mankind.  No court or law will accept this argument.

Request: No such product which can cause any injury should be in the market for consumers to buy? If companies’ can’t ensure food safety and if they are not sure of their own systems and products, why they are in food business?  There are many other business opportunities to make money. Please don't play with public health for making money. 

'Make in India' is also not asking for making unsafe food.

I can understand someone can temper with the products, but in this case companies have to rework on their packaging and distribution system? They have to invest in innovation, education and capacity building of distribution teams.

In exceptional situations, tempering can go unnoticed by company people in the field. For exceptional situations, we can’t make unsafe food a norm in the market place and permit go slow in response.

My concern is as consumer who is worried about the health of my family and friends. I want to know, why products causing injury or can be potential source of injury existing in the market? 

There are no government companies in food business. Who is making unsafe and adulterated product?

There can be only two reasons:

1. Either incompetent people are making them.
or
2. They have no interest and commitment to ensure safe food for consumers.

What else can be the reason?

2.      Section 7 (2): How much time authority should take to recall the products, which can be fatal for consumers, like product contaminated with pathogens, toxins and poisonous substances like methanol in duplicate alcoholic products, chemicals in milk, lead in food or antibiotics in food. More the time for recall, larger is the risk from unsafe foods.

Concern: As manufacturer of food product , I am not sure who is our consumer? Food is not sold under prescription. Consumer can be small kid, aged person, healthy human, patient in the ICU or in hospital, pregnant lady or lactating mother.  

Who should be our reference point in deciding the injury or potential injury? Do we have label instructions on product, who should not consume this product? If not, the most vulnerable section of society should be the reference point.

Assume, if unsafe product is already in the market and now FSSAI takes more time to recall or alert the people about unsafe food, more people will come under risk and suffer. This is huge cost to society and nation. Biggest the lot size, more the people will come under risk. Larger the volume of unsafe business, more people can be under risk. What is the use of delayed recall when damage is already done even after knowing it that food was unsafe.

Can FSSAI defend these delays in court of law?

FSSAI sole purpose is to protect public health from unsafe foods.

Request: Save time and injury by issuing Food Safety Alert to warn consumers about unsafe food in the market, so that they should not buy or if they have in house, they can return the same. Recall may follow.

Till FSSAI and other concerned authorities decide on launching formal recall of product by formally issuing  ‘food recall order’ to FBO, there must be ‘Food Safety Alert’ in the press and media about unsafe food and advisory to people at large, not to buy or eat product with mentioned, “Brand, Lot no, Manufacturing site and company, etc.”.

This is what should be the first step in protecting public health. There can be dedicated site and mobile apps for the same purpose. All state governments should have access to upload these ‘Food Safety Alerts’ in specified languages in a given format which should be consumer friendly.

3.      Prevent Misuse of Food Recall Provisions: There must be a Quick Response Team on every food safety alert which should include representatives of FSSAI, Industry and Consumers.

Request: If, for any reason, any member is not available from any stakeholder groups, it will be the duty of the stakeholder group to ensure their representation must reach the meeting point to discuss the Food Safety Alert.  If any stakeholder is not attending the meeting, that should be notes but work on ‘Food Safety Alert’ should not stop. Discuss through video conferencing or teleconferencing should be allowed. FSSAI should not wait for right time or convenience of all members for the meeting because food safety threat exists in the market and consumers may buy and use unsafe product. 

Nothing is more important than saving life and health of citizens from unsafe food.

Rest other things like further testing, documentation, collection of evidences, paper work, etc. can follow, which can be time consuming and may take its own legal and technical justifications. 

The proposed draft notification is silent on these two vital aspects.

Food Recall must follow the ‘Concept of Precautionary Principle to protect Public Health’ which is well accepted under WTO rules and norms.  This will Notification, if drafted as per precautionary principles of Agreement on SPS and Agreement on TBT can’t be objected by WTO members as well.

Questions which authorities and industry associations should answer are:

1. Should unsafe food remain in market for sale to consumers? 
2. How soon they should be removed from the shelf?

What is the way for for Food Industry?

In order to build good brand value and to ensure sustainable profit and to retain people within the organization, please ensure food under your brand is 100% safe at all times.

One outbreak of unsafe food can ruin your efforts of years and ruin your goodwill and profitability forever.

Consumers have options, you don't.

In case detailed discussion is required on how to do it, undersigned will be available for discussion.

with regards,

Vijay Sardana