AHAR challenges Maharashtra FDA crackdown, to approach FSSAI and Union Health Ministry

FDA’s raid conducted on Tuesday. Pic/By Special Arrangement

A fresh tussle has broken out between Maharashtra's Food and Drug Administration (FDA) and the state's hotel and restaurant industry. While the FDA has intensified its crackdown on food safety violations across Maharashtra, the Indian Hotel & Restaurant Association (AHAR) has decided to approach the Food Safety and Standards Authority of India (FSSAI) and the Union Health Ministry, questioning whether some recent FDA notifications are consistent with the Food Safety and Standards Act, 2006.

Vijay K Shetty

AHAR says it supports strict action against unhygienic food businesses, but wants enforcement to be legally sound, transparent and applied uniformly to licensed and unlicensed food vendors alike.

Why AHAR is objecting

The hotel body claims some recent FDA notifications:
>> Are not in line with the Food Safety and Standards Act, 2006
>> Have created uncertainty among licensed food businesses
>> Are allegedly being misused by self-styled RTI activists, alleged extortionists and members of the public to pressure establishments

FDA's raid conducted on Tuesday. Pics/By Special Arrangement

AHAR said it will soon meet senior officials of the FSSAI and the Union Health Ministry in New Delhi to seek clarity on the legality of these notifications and request safeguards against their alleged misuse.

AHAR's stand

Vijay K Shetty, President, AHAR
‘The action by FDA is creating fear and panic among hoteliers. The reputation and goodwill created by our forefathers over so many years is also getting shattered. We do not ask for lesser accountability. We ask for equal accountability. A plate of food carries the same responsibility whether it comes from a five-star kitchen or a roadside cart. Let the State choose one standard and hold every food provider, licensed and unlicensed alike, to it. Anything less is not regulation. It is selective enforcement dressed as reform.'

The Cricket Club of India kitchen, where FDA inspectors reported multiple food safety and hygiene violations, leading to the suspension of its licence on July 28

FDA's position

The FDA has maintained that the statewide drive is aimed solely at ensuring safe and hygienic food for consumers.
The department has repeatedly said that all food business operators must comply with prescribed food safety standards.

Recent action

Tewari Bros Sweets
>> Food licence suspended
>> FDA cited hygiene violations
>> mid-day had earlier reported a rusted pin allegedly found in kaju katli sold by the establishment

Tomatoes found to be spoilt during the FDA's inspection of the Juhu Gymkhana kitchen last month

Amol Doodh Dairy, Chhatrapati Sambhajinagar

FDA seized suspected:
>> Analogue paneer
>> Ghee
>> Cream
>> Refined soybean oil
>> Value seized: Rs 3.12 lakh

Officials alleged the products were stored in non-food-grade barrels.
Samples have been sent for laboratory analysis. Further legal action will depend on the test reports.

The kitchen at RK Juhu Gymkhana before its licence was suspended due to hygiene and food safety violations. Pics/By Special Arrangement

What AHAR wants

The association says it is seeking:
>> Clarity on the legality of recent FDA notifications
>> Uniform enforcement across licensed and unlicensed food businesses
>> Protection against the alleged misuse of regulatory directions
>> A meeting with FSSAI and Union Health Ministry officials

The issue at the heart of the dispute

FDA says
>> Food safety norms must be strictly enforced.
>> Consumers are entitled to safe and hygienic food.

AHAR says
>> Enforcement should remain strict but legally sustainable.
>> The same standards should apply to every food seller, whether licensed restaurants or unlicensed vendors.

Crackdown by the numbers

July 30-August 3
Action Number
Enforcement actions 30
Hotels, restaurants and dhabas inspected 98
Improvement notices 57
Food licences suspended 14
Value of food seized Over Rs 2.23 crore