FOOD ACT AND THE SMALL PLAYERS-INDIAN DILEMMA

The much touted Food Safety Act being implemented in India since August last year seems to be a lot more controversial than originally thought. Many courts in India have stayed operation of some of the crucial sections of the Act leaving gaping holes in the safety implementation program. No doubt industry, given a chance will opt for a no-control regime with unlimited freedom to do what it feels right though such a free regime may be not to the best interest of the consumer. Any controlling policy will have to be equitable to both the industry as well as the consumer. Besides such a policy should also keep in view the practical and logistical problems different industry players may face in fulfilling the obligations cast on them by the regulations. Many small scale food handlers in India, millions in number, eking out a living selling foods, are reported to be finding it extremely difficult to continue with their day to day business because of the rigidity and impracticality of many provisions of the Act. Recent pleadings by this particular sector of food industry to modify the Act keeping in view their problems are very relevant, deserving consideration by the government. Here is a take on this issue. 

"All the vendors and small eateries use municipal water for preparing food. Everyone knows that if the water is tested it will not meet the standards specified in the act. In case the food fails quality test, the vendor will have to face jail term of six months and or fine of Rs 5 lakh. We demand that before implementing the act in Jharkhand, the state government should first improve the quality of supply water," said Sonthalia who is also the regional vice-president of the Federation of Jharkhand Chamber of Commerce and Industries (FJCCI). "We don't have food testing laboratories and the moment there is some complaint on quality of food the outlet will be sealed after collection of sample. The shop will open only after the result comes. If the result comes after one week, the shop will remain closed. We demand that the state should first set up food testing laboratories in each district and if possible have some mobile units," said Sonthalia and added if the government ignores, they would be forced to launch agitation. FJpresident Sajjan Saraf said he had written to state health secretary and requested him to exempt small traders from the purview of the act. "People having annual transaction of less that Rs 12 lakh should be exempted from taking licence for the business," said Saraf.

In a country like India where water quality in practically every urban area is suspect and in the absence of  any guarantee given by the civic authorities regarding the quality and safety of water supplied from their "protected" source, how can any responsible government punish these helpless vendors. It is to be noted that if every vendor has to invest in water purification systems it is a question of time before they go "broke"! True, the onus of giving clean and safe food is with the vendor but government has also a responsibility to provide some minimum facilities to help these minor business players to survive. Probably government of India can consider a separate mechanism to control the food quality of small vendors through appropriate modification of the law. Also for consideration is whether punishment regime for violation can be made more progressive in nature, giving more time to the small scale sector to fall in line with the national standards. Under no circumstances this sector should be allowed to be out side any control regime perpetually because of the potential dangers to consumers posed by unsafe foods, offered by some of them.

V.H.POTTY
http://vhpotty.blogspot.com/
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