By this month-end draft regulation would be sent out for notification
The food industry pins its hopes on FSSA, which is in its implementation phase, to rescue it from the complexity of multiple laws and overburdening regulations. FSSA would provide for a simplified version of law and work as a single window facilitator. A chat with PI Suvrathan, chairman, FSSAI, to know what is in store for the industry even as the Authority is readying to put the draft regulation for notification by March-end.

The industry has been eagerly awaiting the implementation of the FSSA Act. By when do you think the Act will see the light of day? How long will it take for take for FSSAI to be fully functional?
The Act was passed in the year 2006 in parliament, so the Act has already seen the light of day. In 2008, the Authority was set up. We had planned for a year's time to complete the procedures and establish the Authority which ended in December 2009. Meanwhile, we have set up the 23-member authority, 52-member advisory council, 8 scientific panels and one scientific committee and notified the procedures relating to their operation and co-operation. These committees / panels have already started functioning. The panels deal with a variety of issues like contamination, hazards, pesticides, new laboratories etc. We have also been successful in integrating the six food laws viz. the Fruit Products Order, 1955 (FPO), Meat Food Products Order, 1973 (MFPO), Milk and Milk Products Order, 1992(MMPO), Edible Oils Packaging (Regulation) Order 1998, "Vegetable Oil Products (Regulation) Order, 1998 and The Solvent Extracted Oil, Deoiled Meal and Edible Flour (Control) Order ,1967. All notifications required to operationalise the Act have come about. The FSSAI has also prepared the draft rules and regulations for implementation of FSS Act, 2006, which is going through the process for pre-publication consultation. By the end of this month the draft regulation would be sent for notification.

How is FSSAI preparing the industry to get adapted to the new Act?
We are working with the states consumers and industry to implement the Act. We will be starting training programmes for the food safety officers and food manufacturers. We are looking at experience of other countries for training, building capacity and communication. We are now integrating rules and regulations of 5 integrated orders which will be known as FSSAI rules and regulations. One by one we are going to review existing standards to confirm whether they are relevant, aligned with international best practice, science based etc.

FSSAI is a statutory authority with independent charge. What is the role of the Health Ministry which has been entrusted with the implementation of the Act?
Health Ministry is the administrative Ministry for the Authority. The Ministry is responsible to parliament in the area of food safety. The notifications are issued by the Health Ministry and also the policy matters are decided by it. FSSAI makes the framework of regulation and administers the same.

Do you think the working of FSSAI will clash with the working of Food Processing Ministry?
The Food Processing Ministry promotes the food processing industry by securing investment, technology and employment. It is the promoter of the industry and not the regulatory authority. Health Ministry is the nodal Ministry for food safety like in all countries. The Joint Secretary of Food Processing Ministry is one of the members of the Authority who gives us inputs from the Ministry.

Once the Act is implemented what will be the role of agencies like the FDA?
Each state will have a food safety commissioner who will be the implementing agency. The food inspector will be designated as the Food Safety Officer. The FSS Act, 2006, provides for appointment of Food Safety Officers in the districts by the Food Safety Commissioners of the states. FSO would be the cutting edge functionary to ensure food safety. The power to grant or cancel licence of the Food Business Operator is vested with the Designated Officer of the district.

It is said that the FSSA puts the responsibility of food safety on food manufactures rather than enforcing agencies. Do you think that will work?
I would say this is the only way it would work. This Act puts primary responsibility for safety of food on the food business operator. If the primary responsibility is put on the food safety officer that would encourage inspector raj and the industry wouldn't want that to happen. This is in the industry's own interest that it is made responsible for the safety of what it produces because they are in the best position to ensure food safety.

What are the challenges you are facing in implementing the law? Our main challenge is working with states with various administrative structures making them give food safety a priority. How to make all stakeholders including panchayats and municipal corporation aware of food safety is what we are looking at. It is for each citizen to ensure that his food is safe.

In the Budget announced recently, there is no separate allocation for activities concerning food safety like the R&D and setting up of laboratories. Do you think allocation in this direction was needed?
We do not come under a separate head in the Budget. We have to ask for funds through the Health Ministry. This year the Health Ministry was allocated funds as usual. Our activities like training, building up laboratories, developing food standards and supporting state governments to improve capabilities, need money which will be provided as grants by the Health Ministry.

The Maharashtra government is proposing life term imprisonment for the food manufacturers found guilty of adulteration. Do you think it is too harsh and likely to create an environment of pressure in the industry?
When the proposal for amendment comes to the Central Government then it shall come to our formal notice. It will be difficult to comment till then.

Should every state come up with a food processing policy?
Each state should have a food safety plan in place. Not only state, each town and each panchayat should have a food safety plan in place. All the stakeholders including the common man should be able to assure himself the safety aspects of the food and beverage he consumes. The Plan should be prepared with the help of Food Safety Officers. Such a plan will identify the steps required to be taken for safety of food and the persons responsible.

Will the FSSAI overcome the limitation of the PFA Act? For example giving a separate category to energy dinks containing caffeine?
Energy drinks have no standards in many countries. We are looking at options to decide whether we should have a standard for energy/sports drinks. Also, we are looking at functional foods, dietary supplements, fortified foods and novel food for developing regulations for these categories. The reason why the Act was brought in was primarily to overcome the limitations of the PFA Act. We are changing the method of implementation not by increasing regulation or number of regulators but by enabling the food business operator, and the consumer responsible for food safety which will also avoid the need of unnecessary prosecution.

There is no separate standard for potable drinking water. Shouldn't we have a set of rules for defining these categories as well?
Yes, we are looking at developing standards for potable drinking water. We want to develop draft standards in consultation with stakeholders. We want to develop a programme in which each town/industry/school etc can do the testing of water and disseminates the results. There are many players involved like the panchayat, Department of Drinking Water, industries, state government etc. all of whom have to work together to ensure safe drinking water.

When will the nutraceutical policy be out, December was the deadline promised?
We are generating a note on issues and options that need to be considered in functional food, health supplement, novel food etc. We are looking at what other countries are doing and what is the scene in India. The document on the same is being discussed with stakeholders including scientists, industry, consumers etc regarding what standards India should adopt. A scientific panel will give its recommendations also. In the next few months we will draft the regulation. We are planning to bring out the discussion paper this month and targeting June to bring out the draft policy. It is important that all stakeholders have an opportunity to comment on the draft regulations