With curtains down on Diwali, the festival season in India has come to an end, but most food testing labs in the country are yet to give their reports on samples collected by FDAs and FDCAs during the period.
Every year, FDAs (Food & Drug Administration) and FDCAs (Food & Drugs Control Administration) are known to conduct surprise raids on mithai shops, festive delicacies’ outlets, kiosks and other food business operators (FBOs) – both established and makeshift ones – to ensure that food containing adulterated khoya, duplicate silver foil, artificial colours and so on, which is unsafe for consumption, is avoided.
Collecting samples
During these raids, the authorities also collect samples and send them for testing to their respective labs. Interestingly, while the labs, as per new rules, take at least 14 days to give out the results when most of the buying happens in the country. Thus by the time the results of the tests are out, the erring FBOs cannot be held accountable either because they were fly-by-night operators or the Diwali traditional delicacies’ section of the FBO has been shut.
For instance, in Ludhiana, as part of efforts to keep a tab on adulteration during Diwali, the Punjab health department took 98 samples of sweets from shops and sent them to the food laboratory in Chandigarh. Of these, reports of 46 samples have been awaited and from among the rest, eight failed the test while two were declared unfit for human consumption. It goes to show that the lab is yet to give its verdict on at least half the samples though the festival is over.
Petha seized
Similarly, the Uttarakhand food department seized 18 quintal petha one day before Diwali. Anuj Thapliyal, designated officer (district), Uttarakhand, informed, “We got a tip off from the source that a bus carrying adulterated sweets has entered the Inter State Bus Terminal (ISBT). We rushed to the ISBT but were unable to find the bus.”
He added, “We went to the workshop looking for the bus but found 18 quintal petha abandoned at the gate. The sweet was then seized by the local administration. Later a person came to claim the sweet and the sample was taken for testing. The results of the test will be available after 20 days. The sample has been sent to Rudrapur.”
Apart from the petha sample, the department had collected around 50 samples of milk and sweets to curb adulteration. All results are still awaited.
33 samples in Mumbai
Even in Mumbai, FDA seized khoya, oil and vanaspati worth Rs 37.72 lakh during the festive season from October 1 to November 30 and also collected 33 samples during the drive. All the samples collected were sent for testing on November 8 and the authority is still awaiting the results.
When asked Suresh Deshmukh, joint commissioner, Greater Mumbai, said, “Raids were conducted all over Mumbai and the samples collected have been sent for testing and we are awaiting the results.”
When F&B News asked him why the results came after the festival was over, he said, “We don't have the technology for spot testing. Now we are coming up with ideas of developing new technology but then it will take time for implementation.”
Manpower problems
Raji Srivastava, food commissioner, FDA, Punjab, informed, “The food testing laboratories are not up to the mark in our country. Due to manpower problems the department is not able to collect samples before the festive season. Due to late collection of samples the results do not come on time. The festival is over and the results come after it, till that time the people have already consumed the sweets which are unfit for consumption.”
T P Burnwal, state food controller, Jharkhand stated, “The food safety officers from the states have collected more than 100 samples over a period of time but awaiting the results. The reason for this useless testing is poor planning and absence of specialists, also quality control remains a distant dream and revellers can rely on sheer luck not to fall prey to such dangerous adulteration.”
He added, “The biggest problem of not getting food tested on time is a dearth of qualified food analysts all over the country. Not only Jharkhand food lab is shut down but even Odisha food testing lab is lying closed. The union government conducts examinations for food analysts every year but the success rate is very poor. Only who qualify this exam and have at least three years of working experience can be hired.”
For namesake
Meanwhile, a source from FDA on the condition of anonymity, said, “It has become a formality on the part of the health department to pick up sweet samples during Diwali. What is ridiculous is that even as residents eat these sweets, the health department gets the report of sweet samples being fit for consumption or not after Diwali.”
Interestingly, it has been learnt that over 80 per cent of the accused in food adulteration cases in Gujarat walk away freely due to the state government's laxity and delay in prosecuting them. The data provided by the state government to Gujarat High Court on food adulteration cases and convictions in the last five years suggested that 1,356 out of 1,642 offenders under the Prevention of Food Adulteration Act were acquitted by different courts.
According to the data, in 2010, the state lost 381 out of 425 cases decided by the
courts. In effect, nearly 90 per cent accused were cleared of charges by courts. The conviction rate was 12.40 per cent in 2009, 15.24 in 2008, 22.77 per cent in 2007, 18.88 per cent in 2006 and 21.28 per cent in 2005.
Justice M R Shah said, “The courts are required to quash the criminal complaints or acquit the accused on the ground of prejudice caused to the parties due to delay on the part of the authorities.”
Low conviction
H G Koshia, food commissioner, FDCA, Gujarat, explained, “The conviction rate is dropping down due to our own shortfalls. Most of the accused walk away free even when they are accused of adulteration because we are not able to defend ourselves. 80 per cent accused in adulteration of food are acquitted. Only 0.5 per cent accused go to jail. Since the accused hire a well known advocate who wins the cases for them. We are examining our own shortfalls and as a measure training is being provided to food safety officers on legal background. After the training the conviction rate is improving a lot.”
Contradictory reports
Further, sometimes contradictory reports by different laboratories make the case easy for the accused and he is given the benefit of doubt and thus acquitted by the court.
For example, food inspector from Delhi Mukesh Kumar Gupta had collected a sample of 600 gm of curd made from toned milk in June 2009 for analysis from Puran Mal Gupta, owner of Puran's Dairy, Pahargang, Delhi.
The sample was sent for analysis to two different laboratories which gave totally contradictory findings after testing them.
The two contradictory testings at two different laboratories show the lack of knowledge on the part of food analysts and the reason why those involved in food adulteration walk away freely. Definitely, an eye-openor on the state of labs in the country.
