'Q' MARK STANDARDS FOR FOODS-ANOTHER GIMMICK IN THE OFFING!

Thinking loud is a good exercise but if the thoughts are not put into action such thoughts are just futile. India is supposed to have a "powerful" Authority at Delhi which claims that it is overseeing the activity of food industry and ensure only good quality products with assured safety are manufactured and marketed. But looking back is this really happening in the country at the ground level and are Indians better off than they were a few years ago? Whole world knows that India has the weakest enforcement infrastructure to monitor thousands of food products marketed in the country and a sizable portion of the food basket is adulterated, some even dangerous when consumed continuously for long periods. The food fraudsters have a free run in this country as a microscopic minority of these criminals are brought to book. It is laughable that for a country of the size of India, the annual conviction for food frauds is hardly about 700! Against such a background the recent proposal to evolve a separate quality certification system for foods with quality higher than the minimum threshold level prescribed in the statute books, is a good "loud thinking". But is it reasonable to assume that this will really come into being and become a reality? Doubtful if the past track record of Government of India (GOI) is taken into reckoning. Here is the gist of the proposal now being "considered" by GOI.

"Processed foods in the country could soon be graded for their quality and safety by Quality Mark (Q Mark), a standard instituted by the ministry of food processing industries (MoFPI). It would be on the lines of Agmark, the Bureau of Indian Standards (BIS) and the International Standards Organisation (ISO) certification. This would be possible after MoFPI receives a universal nod on its report titled, 'Report on Establishment of Quality Mark in the Food Processing Industry'. The report, which was submitted by the Quality Council of India (QCI) to MoFPI sometime ago, was recently uploaded on both MoFPI's and QCI's websites for consultation and comments. The ministry added that it has also been circulated among industry bodies, such as the Confederation of Indian Industry (CII), the Federation of Indian Chambers of Commerce and Industry (FICCI), the Associated Chambers of Commerce and Industry (ASSOCHAM), the All India Food Processors' Association (AIFPA), and the PHD Chamber of Commerce and Industry (PHDCCI). Speaking to FnB News, an official from MoFPI said, "The ministry received a proposal from CII for establishing a quality mark for the food processing sector. Following the proposal, a meeting was held earlier this year. It was chaired by secretary of food processing industries, and attended by industry representatives."  "At this meeting, it was decided to entrust QCI with designing the Quality Mark scheme for the food processing sector. It was envisaged that QCI would formulate the scheme following a process of multi-stakeholder consultation and subsequently the industry would decide whether and how to take it forward," he added. "The main purpose of the scheme is to offer the consumer the choice of purchasing a food product that gives a higher level of assurance of quality and safety. This assurance shall come in the form of Q Mark that would distinguish the 'marked' product from other products available in the market," the ministry added. MoFPI added that the scheme would be purely voluntary in nature and shall assist in providing both tangible and intangible benefits to the food processing industry, which must now decide whether and how to take it forward. The structure of the scheme shall help in validating both the product quality and safety amongst a plethora of products that are flooding the Indian market. The enhanced compliance by the food business operators (FBOs) who opt for the Q Mark scheme could eventually provide them a host of additional benefits, including a reduction in the regulatory oversight and an increase in the acceptance of food products from India in the international market, as well. Meanwhile, contesting reservations from some quarters about the prevalence of a number of other quality marks in the country, B Venkatraman, secretary general, QCI, said, "There is a basic difference between the existing standards and Q Mark – the others are for specific products (for instance, Agmark is only for agriculture produce, mainly for spices, and BSI is for packaged drinking water). The food processing industry needs a standard which will fulfil its own peculiar requirements according to the global standards."

It is not clear as to who is going to bell the cat? Any one involved in this proposal has any idea regarding the extent of efforts which is needed to put in place such a regime? Of course a few years will pass by before a number of committees to be set up come with their recommendations. Industry should be happy because there is an implied assurance that once the new quality certification is obtained they will have a free run with least interference from government agencies in monitoring the quality of their products. Every body knows the ISI mark which was once coveted by the industry and the pathetic experience during the last two decades. Even to day ISI mark is supposed to be compulsory for packaged water but where is the monitoring mechanism? Are all the ISI marked packaged water conform to specifications? Unlikely because of tardy implementation by the BSI which again is harm strung by infrastructural limitations.

One can only hope that the new "Q" mark scheme will not be similar to other existing "no good" government systems!

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

HAMPERING INITIATIVES FOR NEW PRODUCT DEVELOPMENT-INDIAN POLICY!

All India Food Processors' Association (AIFPA) based in Delhi is supposed to be an anchor point for pleading cases for the food industry by acting as an interface between the government agencies and the manufacturers. As its representative character is very wide, what it says has some relevance and its views are heard by the government though the response has always been one of ignoring their feelings during the time of taking decisions. This government shows same attitude to technical organizations like Association of Food Scientists and Technologists (AFST[I]) which is the largest body in Asia, representing thousands of scientists and engineers with experience in various facets of food processing and packaging. Still these bodies have a remarkable reservoir of patience and perseverance in pursuing matters of interest to the industry. 

The newly anointed Food Laws in the country are supposed to safeguard the health of the citizens in the country without unduly harming the operational atmosphere of the processing community and a balanced approach is always preferred in all countries. Under the pretext of integrating diverse rules and regulations that controlled and monitored different sectors of food industry under various ministries which were in vogue till recently, a monolithic body was set up under the exalted banner of Food Safety and Standards Authority of India (FSSAI), predominated by die-hard bureaucrats with no knowledge of the dynamics and technical complexities of the food industry and a set of rules and regulations were promulgated after an "exhaustive" planning of more than 6 years. Unfortunately this agency has only "Authority" to promulgate laws but no teeth to enforce the standards as the State governments only have the necessary infrastructure to operate in their areas. The result is that a "free for all" condition has been created with adulterators and fraudsters having a field day with no restraint on their nefarious activities. The judicial bodies in the country are passing stay orders in different parts of the country because of the badly drafted laws by the FSSAI.

Interestingly the "Babus" in FSSAI, used to wielding indiscriminate power, is passing orders, one after the other, many not in tune with the laws approved by the parliament which are considered injurious to the interests of the small scale food handlers and industry. Here is a typical example of its latest heavy handedness which deserves to be condemned in no uncertain terms, as pointed out by AIFPA in their letter to the government..  
-Sub-section (3) of Section-31 of FSS Act-2006 states that the prescribed fee is to be paid along with the application for grant of license. In pursuance to this, Schedule 3 under Regulation 2.1.3 of FSS (Licensing and Registration of Food Businesses) Regulations-2011 stipulates the fee to be charged for Registration/ License for new or renewal.


-Sub-section (4) of Section-22 of FSS Act-2006 regarding Proprietary/Novel Foods does not stipulate any fee for obtaining license for Proprietary/Novel Foods. More so, no-where in the entire Section-22 on "Genetically Modified Foods, Organic Foods, Functional Foods, Proprietary Foods, etc.", there is any stipulation for charging/ payment of any fee for such type of foods. As such, the action of charging fee of INR 25000 for 'New Product/Ingredient Approval' is not justified and may please be immediately withdrawn.


- Perusal of Section-16 of FSS Act-2006 regarding "Duties and Functions of Food Authority"does not mention anywhere a provision under Section-16 of FSS Act-2006 or elsewhere in the Act of having given any authority to the Food Authority to impose any such fee as is being demanded now for 'New Product/Ingredient Approval'.


- Clause (o) of Subsection (2) of Section-92 of FSS Act- 2006 regarding "Power of Food Authority to make regulations" stipulates charging of fee, while making application for obtaining license only. No-where under these provisions, the Food Authority has been empowered to impose such fee of INR 25,000 for 'New Product/Ingredient Approval'. 


- Regulation 2.12 of the FSS (Food Products Standards and Food Additives) Regulations-2011 regarding Proprietary Foods does not also stipulate any such fee for 'New Product/Ingredient Approval'.  Even under Section-37-A of the repealed PFA Act-1955 and Regulations made there under, there was no stipulation for charging any fee for 'New Product/Ingredient Approval' in the past.


 -Where in any of the provisions of FSS Act-2006, there is any expressed or implied provision that the Food Authority can charge any type of fee from Food Businesses / Food- Business-Operators for 'New Product / Ingredient Approval' except License/Registration Fee.


- Charging of non-refundable fee of INR 25,000 along with application for 'New Product/Ingredient Approval' and an additional amount of INR 25,000 in the case of products falling under the "Category-B" involving risk assessment and establishment of its safety violates the very provisions mentioned under Section-18 regarding "General Principles of Food Safety" of Chapter-III of FSS Act-2006.


-Charging of INR 25,000 for 'New Product / Ingredient Approval' will kill innovation in the food sector and FBOs will not be able to bring out processed food products of high quality and safety both for domestic and international markets.


-Charging of such high fee will also put financial burden on micro, small and medium enterprises, intending to introduce new products in the market. For example, a very experienced Petty-Food-Business-Operator of having developed a new recipe will not be in a position to pay one time fee of INR 25,000 plus INR 25,000 in the case of products falling under the "Category-B", due to his financial position. Therefore, an Advisory on 'New Product / Ingredient Approval' is counter-productive to the concept of fast growth and development of Food Processing Sector in the country and must be withdrawn immediately.

The above piece is quoted from a "pleading" letter to FSSAI by AIFPAI imploring the "Authority" to stop such punishing steps which can only destroy the industry. Already India is a country which does not invest much money on food research and most of the technologies operating in the country are foreign originating, heavily mechanized and automated and to which small entrepreneurs have no access. The morbid public funded R & D bodies do not count much in providing much succor to the technology hungry micro and small scale enterprises in the country as they have scientists, especially the leaders, considered "square pegs in round holes" with very little insight into the working of food industry and inappropriate background to develop what is needed by the industry.

Is it not a tragedy of Himalayan proportion that the food sector is being suffocated from both sides, government as well as the scientific agencies, not encouraging to develop new industries? What logic one can use to charge exorbitant license fees and irrational fiscal impositions on the industry, especially the domestic ones which are more and more being sidelined by giant foreign players with strong financial muscle and wide international resources? Look at the domestic research scenario and how can the public funded R & D think of patenting their processes expecting huge financial gains, making it beyond the reach of thousands of small enterprises which find the dice heavily loaded against them? Whether it is CFTRI, DFRL or NDRI the prevalent system encourages these agencies to be highly secretive and put high price tags on their laboratory based processes! Unless there is a total overhaul of domestic R & D organizations with proven industry oriented food experts heading them and governments at both State and Central levels declare a moratorium on taxing food products, India is destined to become a "free for all" anarchic country with every multinational company including the Chinese capturing the market, sending most of the present indigenous players into oblivion!

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