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THE SUBCONTINENTAL spread

Critical surveillance for food safety is no longer just a cosmetic function but an imperative for establishing ground in international markets, says Shailendra Agarwal

Food safety has increasingly become a critical issue of concern not only for the developed countries but for the developing countries as well. The developed countries, particularly the EU and US, are known to take serious measures in order to ensure food safety for their citizens. These countries also resort to the imposition of various stringent laws and regulations in order to be in an unassailable position to reject the imported consignments on grounds of contamination.

EU authorities, due to an alleged presence of Nitrofuran, recently rejected three consignments of egg powder, while Belgian authorities rejected two other consignments. A consignment of Indian snack food was detained in Italy in December 2003 due to an alleged detection of the banned dye, Sudan-1 (a carcinogenic substance often mixed in chilli and chilli products).

Bioterrorism Act: pros and cons

The sensitivity of the developed countries towards food safety can be gauged by a recent regulation passed by the US. After the events of September 11, 2001 the US reinforced the need to enhance food security in the country. The US congress responded by passing the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, also known as the Bioterrorism Act, which became a law on June 12, 2002.

The whole system, designed to bolster the safety and security of America’s food supply, would help with a quick identification and notification of food processors and other facilities involved in any deliberate or accidental contamination of food.

The US Food and Drug Administration (FDA) recently issued an interim final regulation, which implements the Bioterrorism Act and requires all domestic and foreign facilities that manufacture, process, pack or hold food for human or animal consumption in the US to register with the FDA. The registration with the FDA is one of the several tools that will enable it to act quickly in responding to a threatened or actual terrorist attack on the US food supply by giving the FDA information about the defaulters. The registration information will also enable FDA to notify the facilities that might be affected by the outbreak. Three major components of the Bioterrorism Act entail that the owner, operator or agent in charge of a facility is responsible for the submission of a registration to the FDA.

Each facility must be separately registered and the registration must include the name and address of the facility and all trade names under which the registrant conducts business from that facility. The registration for foreign facilities must also include the name of the US agent present at the facility – who can be contacted if the FDA needs to get in touch with the facility. The other critical regulation requires a prior notice to be submitted to the FDA mentioning the food to be imported or offered for import into the US. The FDA would compile and maintain a list of the registered facilities but most importantly the details of the list would not be subject to public disclosure.

Establishments excluded from the registration requirements are farms, restaurants, food retail houses, non-profit food establishments and fishing vessels, unless the food undergoes further processing or packaging at a facility outside the US. The third vital regulation specifies information that must be included and retained for records that would identify the immediate previous sources and immediate subsequent recipients of food. Failure to register with the FDA may result in a civil action against the exporter or detention of the consignment at the port of entry.

The FDA believes that although the registration regulation may alter industry practices to some extent, these regulations are consistent with international trade obligations and would help them screen imports of food more carefully. In order to ensure that the export of food to the US remains unaffected, the information has been disseminated to the exporters by various export promotion bodies of the exporting countries. It is apprehended that these procedural formalities may make exported products costlier as all the expenses of the FDA agents have to be met by the exporters.

However, apart from this, the system may not have any other adverse effect on processed food export from India. In keeping with such serious concerns of the developed countries regarding food safety, various food export promotion bodies under the Government of India have taken a variety of steps by introducing food safety programmes, particularly for export.....

....CONTD

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