Obstructing Justice

Arshid Malik

The Food Safety and Standards Act 2006 and Rules/Regulation 2011, has been implemented in Jammu and Kashmir with effect from 5^th August 2011 and this law is totally technical and mandates the technical staff shall be placed for its enforcement but unfortunately the Government of Jammu and Kashmir moved ahead in its implementation without caring a dint about the essentials which resulted in chaos and confusion everywhere. Health Officers were notified as Designated Officers even though they are fluffing eligibility as provided under rule 2.1.2(1) of Food Safety & Standards Rules 2011. And Deputy Controller Drugs was notified as Deputy Commissioner Food Safety, though he is non technical.

The recent issue pertaining to a reputed manufaturer of spices in the state of Jammu and Kashmir surfaced wherein an officer of the Srinagar Municipal Corporation came up with a report that Sounf Powder manufactured by the concerned company is unsafe as it “carries colourants namely, Carmoisine, Tartrazine and Sunset Yellow and directly reported the “findings” in the press with a bold statement that all these colorants are cancer causing agents and media floated the news thus creating panic among the general masses. The reports were never subjected to scrutiny which is the primary role of the media and nobody even bothered to seek expert opinion on the subject. Then the worst imaginable thing happened.  The Deputy Drug Controller Kashmir holding the additional charge of Deputy Commissioner Food Safety Kashmir (a non-technical person), informed the Hon’ble High Court at Srinagar that colours detected in Sounf Powder manufactured by the concerned company and tested by the Central Food Laboratory Kolkata are cancer causing and fatal.

The whole issue is totally technical and governed by a comprehensive legislation called Food Safety and Standards Act 2006 & Rules/Regulation 2011. In this case no one bothered about the law and everybody defined it in their own words, and misinterpretation of law took place.

The Deputy Commisioner Food Safety Kashmir is perhaps ill-informed about the whole issue for if the colours Carmoisine. Tartrazine and Sunset Yellow are cancer causing then how under Regulation 3.1.2(4) of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 are they allowed in many food items.

Leaving aside the case of the manufacturer of Sounf powder who is under scrutiny, the truth is that all the mentioned colorants are permitted under the Food Safety and Standards Act 2006 and can be used in most of food articles and they are present in most medicines, especially paediatric medicines. Moreover the print media carried the news without application of mind which is made evident by the fact that Carmoisine is of red colour and Tartrazine , Sunset Yellow are yellow, then how is it possible that a manufacturer will add red and yellow to Sounf powder while the original colour of Sounf powder is green. The case demands a thorough investigation and our media should be more orientated towards establishing facts before publishing them.

Moreover what Food Safety and Standards Act 2006 says, is reproduced as under:

Definition of Unsafe Food under Food Safety and Standards Act 2006,

Section 3(1) (zz) “ Unsafe Food “ means an article of food whose nature, substance or quality is so affected as to render it injurious to health: by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substances; or by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or by virtue of its unhygienic processing or the presence in that article of any harmful substance; or(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or by addition of a substance directly or as an ingredient which is not permitted; or by the abstraction, wholly or in part, of any of its constituents; or by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or by the presence of any colouring matter or preservatives other than that specified in respect thereof; or by the article having been infected or infested with worms, weevils or insects; or by virtue of its being prepared, packed or kept under insanitary conditions; or by virtue of its being mis-branded or sub-standard or food containing extraneous matter; or by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations.

As per the Food Safety Regulations 3.1.2 Colouring Matter 3.1.2(4) Synthetic food colours which may be used No Synthetic food colours or a mixture thereof except the following shall be used in food

The authorities as well as the media in Kashmir perhaps do not give a “hoot” about what the actualities are and actions rising thereof only solidify the obstruction of justice.