INTRODUCTION
Safe food is a basic human need. In the present global world where urbanization and westernization have significantly affected our food habits, most of the Indian population consumes packaged food or food products. As a consumer, they have the right to be protected against the marketing of goods that are hazardous to their health and life[1] and the right to be informed about the quality, quantity, potency, purity, and standard of goods[2].
Unsafe food leads to various health issues like obesity, diabetes, and many food-borne diseases. The risk of food-borne diseases is most severe in low-middle-income countries like India majorly due to inadequate conditions in food production and storage, lower levels of literacy and education, and insufficient food safety legislation or implementation of such legislation[3].
Although we have various laws and regulations in place, the question is- Are they sufficient to ensure the primacy of consumer health? Various recent revelations of food scandals negatively answer this question. This blog undertakes a legal analysis of the current laws and regulations on food safety, their violations covering recent highlighted issues and their impact on consumer’s health along with suggesting some possible measures and legal reforms which should be brought urgently to prevent such violations.
FOOD LAWS IN INDIA
The right to food is a fundamental right under Article 21 of The Constitution i.e., the Right to life[4]. After independence, the very first legislation for food regulation and safety was passed in the year 1954 which was titled The Prevention of Food Adulteration Act[5]. Other than this there were several complementary legislations in place. These laws were repealed and compiled under the umbrella of a single legislation in the year 2006.
The Food Safety and Standards Act [6] aims to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India to ensure the availability of safe and wholesome food for human consumption[7]. Along with this, there are provisions under various other laws that deal with food safety:
- The Consumer Protection Act[8] aims to protect the interests of consumers and to establish and effectively resolve consumer disputes.
- Section 274 of Bhartiya Nyaya Sanhita[9] deals with adulteration of food or drink intended for sale.
- The Insecticides Act[10] aims to regulate the use of insecticides and prevent risks to human beings.
- The Legal Metrology Act [11] deals with the accuracy of weights and measures of products.
BURNING FOOD SAFETY ISSUES
There are various instances where the food sold to consumers does not comply with the prescribed standards under the Food Safety and Standards Act, of 2006[12] and thus compromising the health of the consumers, making them prone to various diseases. Some of the highlighted issues are:
- The concern over spices: India is the global processing hub of spices[13]. India exports spices and spice products worth more than 4 billion US$ out of which more than 50% share is contributed by the export of processed products spice products[14]. India exports spice products to more than 180 countries[15]. However, this reputation is affected by the recent ban on various Indian spice products by Singapore and Hong Kong, as they halted sales of spices produced by Indian companies MDH and Everest over suspected elevated levels of ethylene oxide, a cancer-causing pesticide[16]. It was only after this the Food Safety and Standards Authority of India (FSSAI) started collecting samples of spices in different cities to do safety checks and as per the recent report, they have revoked the manufacturing licenses of 111 spice producers[17]. Since spices are a crucial part of Indian cuisine any noncompliance with the prescribed standards poses a serious threat to a large number of consumers.
- High sugar levels causing risk of diabetes: According to the data of the International Diabetes Federation, by the year 2045 around 124 million Indians will have diabetes[18]. Added sugar is one of the factors behind this, not only does it affect adults but it also affects children and infants giving them a lifelong scar in the name of diabetes which adversely decreases the overall quality of their life. A popular example of this is Nestlé’s leading baby-food brands, which are promoted in low- and middle-income countries including India as healthy but contain high levels of added sugar[19]. In India, where its sales surpassed $250 million in 2022, all Cerelac baby cereals contain added sugar, on average nearly 3 grams per serving while the same products are sold in Western countries with no added sugars[20].
- Unhealthy processed food: Around the globe, noncommunicable diseases (NCDs) are growing which is the result of ultra-processed foods, especially consumption of high amounts of fats, trans-fats, salt, and sugar[21]. In 2020, a study commissioned by the Food Safety and Standards Authority of India (FSSAI), reported that among 1300 packaged food product samples, only 4.4% adhered to the limits on fat, sugar, and salt placed by the WHO[22]. What is even more concerning is that in most cases the consumers are unaware of the composition. The food processing giants make money by putting the health of consumers at stake.
- Questioning the safety of food ordered online: Nowadays we order food online often to save time and effort. But there is always some doubt regarding the conditions in which it was cooked and packed, is it safe? Sometimes it holds horrific surprises for the consumer like a dead rat in the chocolate syrup, a centipede in ice cream, and worst case a human finger. [23]In another case, a 10-year-old girl died shortly after eating her birthday cake which was ordered online from food delivery company Zomato[24].
These are some of the highlighted issues that raise serious food safety concerns, there are numerous others including adulteration, contamination, and poor infrastructure.
THE NEED FOR URGENT ACTIONS
The above-mentioned instances shed light on the loopholes in the current food safety laws and their implementation. Accordingly, the following steps need to be taken urgently:
Front-of-package labelling: Front-of-package warning labelling is a simple, practical, and effective tool to inform the public about products that can harm health and help guide purchasing decisions[25]. A PIL in the Supreme Court was filed recently by the 3S and our health society for mandating FoBL to empower consumers to make informed dietary choices and help reduce the prevalence of diabetes and other non-communicable diseases[26]. This will be very effective in making ignorant consumers to be conscious about their food choices. Campaigns and programs should be run to spread consumer education.
Working on food testing laboratories: Accurate Food testing is very crucial for ensuring food safety, it has a bearing on both consumer’s health as well as on the supplier’s reputation[27]. Seeing the huge population of India, the food testing laboratories need to be increased so that all food products are tested from time to time. Also, the conditions of the laboratories need to be improved, including their infrastructure, and the technology used.
Cover unorganized sector: The unorganized sector is a very large portion of the food industry and this needs to be regulated. The hawkers and street vendors often sell food cooked in unhygienic conditions, packed in newspaper or plastic bags.“A lot of these foods don’t comply with food safety standards, more than 90 per cent of the food-borne disease burden comes from fresh foods sold in informal markets in LMICs, especially in Africa and Asia”[28].
Effective Enforcement: The biggest lacunae in ensuring food safety is the failure to implement the regulations made and the standards prescribed. FSSAI lacks the proper infrastructure and resources to enforce its regulations which often end up having a mere paper existence.
CONCLUSION
The food industry is one of the largest sectors of the country facing multiple challenges that are causing multiple health issues to its population. Not only does it need reforms in its food safety laws but also needs infrastructure and resources to enforce them. The focus should be on empowering Consumers. This will lead to a healthy and informed population which is the most important resource of a country. Steps need to be taken urgently to ensure the primacy of consumer health.
Author(s) Name: Nancy (Faculty of Law, Banaras Hindu University, Varanasi)
References-
[1] Consumer Protection Act 2019, s 2 (9)(i)
[2] Consumer Protection Act 2019, s 2 (9)(ii)
[3] Olivia Lawe Davies and Fadela Chaib ‘WHO’s first ever global estimates of foodborne diseases find children under 5 account for almost one third of deaths’(WHO, 3 December 2015) <https://www.who.int/news/item/03-12-2015-who-s-first-ever-global-estimates-of-foodborne-diseases-find-children-under-5-account-for-almost-one-third-of-deaths> accessed 10 August 2024
[4] People’s Union for Civil Liberties v Union of India and Ors WP no 196/2001
[5] Prevention of Food Adulteration Act 1954
[6] Food Safety and Standards Act 2006
[7] ibid
[8] Consumer Protection Act 2019
[9] Bhartiya Nyaya Sanhita 2023, s 274
[10] Insecticides Act 1968
[11] Legal Metrology Act 2009
[12] note 6
[13] ‘INDIA- GLOBAL PROCESSING HUB OF SPICES’ (Spices Board India, Ministry of Commerce & Industry, Govt. of India) <https://www.indianspices.com/global-processing-hub-of-spices.html> accessed 10 August 2024
[14] ibid
[15] ibid
[16] Soutik Biswas , ‘MDH and Everest: Indian spices face heat over global safety concerns’ (BBC News, 15 May 2024) <https://www.bbc.com/news/world-asia-india-68989964 > accessed 10 August 2024
[17] ‘FSSAI cancels manufacturing licences of 111 spice producers across India’ (Times of India ,11 July 2024)< https://timesofindia.indiatimes.com/life-style/food-news/fssai-cancels-manufacturing-licences-of-111-spice-producers-across-india/articleshow/111400965.cms > accessed 10 August 2024
[18] ‘India Diabetes report 2000 — 2045’ (IDF Diabetes Atlas)<https://diabetesatlas.org/data/en/country/93/in.html> accessed 10 August 2024
[19] Public Eye and the International Baby Food Action
Network (IBFAN), How Nestlé gets children hooked on sugar in lower-income countries (Public Eye- Le Magazine, April 2024) pg 2
[20] ibid pg 4
[21] Piyush Gupta and Harshpal Singh Sachdev, ‘The Escalating Health Threats from Ultra-processed and High Fat, Salt,and Sugar Foods: Urgent Need for Tailoring Policy’ (2022) 59 IJP
[22] ibid
[23] ‘ ‘Human finger in ice cream, cockroach in IRCTC food’: Recent incidents spark food safety concerns in India’ ( Livemint, 21 Jun 2024) <https://www.livemint.com/news/india/human-finger-ice-cream-cockroach-irctc-food-mid-day-meal-snake-centipede-rats-fssai-food-safety-in-india-vande-bharat-11718937689910.html> accessed 10 August 2024
[24]Kanchan Vasdev, ‘Health minister orders inquiry as Patiala girl dies after eating cake’ (Indian Express, 3 April 2024) <https://indianexpress.com/article/cities/chandigarh/patiala-birthday-cake-poisoning-girl-death-inquiry-balbir-singh-9246000/> accessed 10 August 2024
[25] ‘Front-of-package labeling’ (Pan American Health Organization,WHO)
<https://www.paho.org/en/topics/front-package-labeling#:~:text=Front%2Dof%2Dpackage%20warning%20labeling,and%20help%20guide%20purchasing%20decisions.>accessed 10 August 2024
[26]Amisha Shrivastava, ‘ “India Facing Huge Diabetes Problem”: PIL In Supreme Court For Warning Labels On Packaged Foods Regarding Sugar & Fat Levels’ (live law,8 August 2024)<https://www.livelaw.in/top-stories/india-facing-huge-diabetes-problem-pil-in-supreme-court-for-warning-labels-on-packaged-foods-regarding-sugar-fat-levels-266057> accessed 10 August 2024
[27] Dr. Kenny Wong , ‘Food Test and Analysis – How to Ensure Accuracy?’ (Centre for Food Safety,The Govt. for the Hong Kong Special Administrative Region,20 December 2023)<https://www.cfs.gov.hk/english/multimedia/multimedia_pub/multimedia_pub_fsf_209_02.html> accessed 10 August 2024
[28] Shagun, ‘Try to work with informal food sector, not get rid of it: Delia Grace’(Down to Earth,10 Aug 2024)<https://www.downtoearth.org.in/food/try-to-work-with-informal-food-sector-not-get-rid-of-it-delia-grace> accessed 11 August 2024
