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Rajya Sabha Secretariat, New Delhi November, 2014/Agrahayana, 1936 (Saka) PARLIAMENT OF INDIA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE RAJYA SABHA SEVENTY EIGHTIETH REPORT REPORT NO. 80 (Presented to the Rajya Sabha on 28th November, 2014) (Laid on the Table of Lok Sabha on 28th November, 2014) The Food Safety and Standards (Amendment) Bill, 2014 (Ministry of Health and Family Welfare) ON HEALTH AND FAMILY WELFARE

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Page 1: PARLIAMENT OF INDIA RAJYA SABHA164.100.47.5/newcommittee/reports/EnglishCommittees...PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND

Rajya Sabha Secretariat, New DelhiNovember, 2014/Agrahayana, 1936 (Saka)

PARLIAMENT OF INDIA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE

RAJYA SABHA

SEVENTY EIGHTIETH REPORT

REPORT NO.

80

(Presented to the Rajya Sabha on 28th November, 2014)(Laid on the Table of Lok Sabha on 28th November, 2014)

The Food Safety and Standards (Amendment) Bill, 2014(Ministry of Health and Family Welfare)

ON HEALTH AND FAMILY WELFARE

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PARLIAMENT OF INDIARAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEEON HEALTH AND FAMILY WELFARE

EIGHTIETH REPORT

The Food Safety and Standards (Amendment) Bill, 2014(Ministry of Health and Family Welfare)

(Presented to the Rajya Sabha on 28th November, 2014)(Laid on the Table of Lok Sabha on 28th November, 2014)

Rajya Sabha Secretariat, New DelhiNovember, 2014/Agrahayana, 1936 (Saka)

Hindi version of this publication is also available.

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Website : http://rajyasabha.nic.inE-mail : [email protected]

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CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ..................................................................................... (i)-(ii)

2. PREFACE ............................................................................................................................... (iii)

3. ACRONYMS ........................................................................................................................... (iv)

4. REPORT ................................................................................................................................ 1—2

5. MINUTES .............................................................................................................................. 3—15

6. ANNEXURE ............................................................................................................................ 17—24

7. LIST OF REPORTS PRESENTED EARLIER ............................................................................ 25—29

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COMPOSITION OF THE COMMITTEE(2014-15)

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA2. Shri Ranjib Biswal

3. Shri Rajkumar Dhoot

4. Shri Vijay Goel

5. Shrimati B. Jayashree

6. Dr. R. Lakshmanan

7. Shrimati Kahkashan Perween&8. Dr. Vijaylaxmi Sadho

9. Chaudhary Munvvar Saleem

10. Dr. T.N. Seema@11. Shri Jairam Ramesh

LOK SABHA12. Shri Thangso Baite

13. Dr. Subhash Bhamre

14. Shri Nandkumar Singh Chouhan (Nandu Bhaiya)

15. Dr. Ratna De (Nag)

16. Dr. Heena Vijaykumar Gavit

17. Dr. Sanjay Jaiswal

18. Dr. K. Kamaraj

19. Shri Arjunlal Meena

20. Shri J.J.T. Natterjee

21. Shri Chirag Paswan

22. Shri M.K. Raghavan

23. Dr. Manoj Rajoriya

24. Shri Alok Sanjar#25. Dr. Mahesh Sharma

26. Dr. Shrikant Eknath Shinde

27. Shri Raj Kumar Singh

28. Shri Kanwar Singh Tanwar

29. Shrimati Rita Tarai

30. Shri Manohar Untwal

31. Shri Akshay Yadav

(i)

& Ceased to be member of the Committee w.e.f. 28th November, 2014.@ Nominated as a member of the Committee w.e.f. 28th November, 2014.# Ceased to be member of the Committee w.e.f. 9th November, 2014.

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(ii)

SECRETARIAT

Shri P.P.K. Ramacharyulu, Joint Secretary

Shri R.B. Gupta, Director

Shrimati Arpana Mendiratta, Joint Director

Shri Dinesh Singh, Deputy Director

Shri Pratap Shenoy, Committee Officer

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(iii)

PREFACE

I, the Chairman of the Department-related Parliamentary Standing Committee on Health andFamily Welfare, having been authorized by the Committee to present the Report on its behalf,present this Eightieth Report of the Committee on the Food Safety and Standards (Amendment)Bill, 2014*.

2. In pursuance of Rule 270 of the Rules of Procedure and Conduct of Business in theCouncil of States relating to the Department-related Parliamentary Standing Committees, theChairman, Rajya Sabha, referred** the Food Safety and Standards (Amendment) Bill, 2014(Annexure) to the Committee on the 24th February, 2014, as introduced in the Rajya Sabha on the19th February, 2014 for examination and report within two months. However, the previousCommittee could not consider the Bill and present its Report due to dissolution of the 15th LokSabha. Subsequently Hon’ble Chairman granted extended time for presentation of Report on the Billupto 5th December, 2014.

3. The Committee held five sittings during the course of examination of the Bill, i.e., on 10th,18th and 25th September and 19th and 27th November, 2014.

4. The Committee considered the draft Report and adopted the same on 27th November, 2014.

SATISH CHANDRA MISRA,NEW DELHI; Chairman,27th November, 2014 Department-related Parliamentary StandingAgrahayana 6, 1936 (Saka) Committee on Health and Family Welfare

* Published in Gazette of India Extraordinary Part II Section 2, dated 19th February, 2014.** Rajya Sabha Parliamentary Bulletin Part II, No.51823, dated 26th February, 2014.

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ACRONYMS

DG (CGHS) – Director General (Central Government Health Scheme)

FSS Act – Food Safety and Standards Act

MB – Misc. Bench

SOR – Statement of Objects and Reasons

WP (C) – Writ Petition (Civil)

(iv)

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REPORT

The Food Safety and Standards (Amendment) Bill, 2014 (hereinafter referred to as the Bill)was introduced in the Rajya Sabha on the 19th February,2014 and referred to the Department relatedParliamentary Standing Committee on Health and Family Welfare on the 24th February, 2014 forexamination and report thereon.

2. As per the information furnished by the Ministry of Health and Family Welfare on the Bill,the Parliament enacted the Food Safety and Standards Act, 2006 (FSS Act) to consolidate the lawsrelating to food in the country, to lay down science-based standards for articles of food and toregulate their manufacture, storage, distribution, sale and import. In pursuance to the same, theFood Safety and Standards Authority of India (Food Authority) was established in 2008. The Billseeks to amend sections 5 and 92 of the Food Safety and Standards (FSS) Act, 2006 (34 of 2006)and to insert a new section, ‘section 7A’, to tide over the difficulties, affecting the overallfunctioning and implementation of various provisions of the Food Safety and Standards Act, andto delineate clearly the roles of the Chairperson, and the Chief Executive Officer of the authorityfor its smooth functioning. It will also help in faster notification of standards of food products.

3. According to the Statement of Objects and Reasons (SOR), the Bill, proposes to: includethe Chief Executive Officer in the composition of the Food Safety and Standards Authority ofIndia; amend sub-section (1) of section 5 of FSS Act so as to provide that the provision regardingone-third members being women, shall be applicable to the members referred to in clauses (b), (c),(d), (f) and (g) of sub-section (1) of section 5 of the said Act; insert section 7A in the said Actto address the need for continuity of policies, enabling the Chairperson to guide the affairs of theAuthority; amend Section 92 empowering the Authority to make regulations by notification with theprevious approval of the Central Government and after previous publication by empowering theCentral Government to dispense with the condition of previous publication in certain cases, in thepublic interest.

4. However, the said Bill could not be taken up for examination due to preoccupation of theMembers of the previous Committee in the General Elections for the Sixteenth Lok Sabha andsubsequent dissolution of the Committee. After the reconstitution of the Committee, the Hon’bleChairman, Rajya Sabha had granted extension for a period of two months i.e. upto 31st October,2014 and another extension upto 5th December, 2014 for examination and report on the Bill.

5. In the meeting of Committee held on 18th September, 2014, the Secretary, Department ofHealth and Family Welfare while giving presentation on the Bill informed that subsequent tointroduction of the Amendment Bill, the Lucknow Bench of Allahabad High Court in the W.P.(C)No. 1717 (MB) of 2013 and the Supreme Court of India in Petition(C) No. 159/2012 directed theGovernment to bring appropriate amendments in the Act to deal with the food adulteration sternly.Accordingly, a note was being placed before the Cabinet for pursuing the Bill in its present formor otherwise. Thereafter, Members raised issues of reported incidents of rampant adulteration infood items highlighting the issues of unregulated sale of packaged water; adulterated milk and milkproducts; contents of fertilizers/pesticides/insecticides in food grains/vegetables/fruits and impressedupon the Department to take measures to check and curb such rampant food adulteration in thefood items in the country.

6. Subsequently, the Department vide its communication dated 25th September, 2014 informedthat the Minister had approved the proposal for withdrawal of the Bill and it would be placed beforethe Cabinet for consideration/approval. The Committee in its meeting held on 25th September, 2014

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considered the proposal of the Ministry and felt that no useful purpose would be served pursuingthe Bill if the Bill was to be withdrawn. The Committee, therefore, decided not to pursue the Billtill a final decision is taken by the Cabinet as to whether the Government would pursue the Billor not.

7. The Department of Health and Family Welfare vide its communication dated 13th November,2014 submitted before the Committee as follows:

“the Cabinet in its meeting held on 05.11.2014 approved the proposal of the Departmentof Health and Family Welfare for withdrawing the Food Safety and Standards (Amendment)Bill, 2014 and a formal communication for withdrawal of the Bill will be sent in duecourse of time.”

8. The Chairman of the Committee conveyed the contents of the communication to Membersof the Committee in its meeting held on 19th November, 2014. In view of the Cabinet’s decisionfor withdrawal of the Bill, the Committee decided not to pursue the Bill.

9. In view of the decision of the Cabinet to withdraw the Bill, the Committee observesthat no useful purpose will be served in examining the Bill. The Committee, has therefore,decided not to pursue the Bill. The Committee also observes that immediate measures arerequired to be taken to deal with incidents of rampant adulteration in food items in thecountry and impresses upon the Government to give more teeth to the Food Safety andStandards Act, 2006 and the Food Authority to tackle these incidents. The Committeetherefore recommends that Government may re-look into all aspects and bring acomprehensive Bill at the earliest.

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MINUTES

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IFIRST MEETING

The Committee met at 2.30 P.M. on Wednesday, the 10th September, 2014 in Room No. ‘63’,First Floor, Parliament House, New Delhi.

MEMBERS PRESENT

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA2. Shri Ranjib Biswal

3. Shri Rajkumar Dhoot

4. Shrimati Kahkashan Perween

5. Dr. Vijaylaxmi Sadho

6. Chaudhary Munvvar Saleem

7. Dr. T.N. Seema

LOK SABHA

8. Shri Thangso Baite

9. Dr. Subhash Bhamre

10. Dr. Ratna De (Nag)

11. Dr. Heena Vijaykumar Gavit

12. Dr. Sanjay Jaiswal

13. Dr. K. Kamaraj

14. Shri Arjunlal Meena

15. Shri J.J.T. Natterjee

16. Shri Chirag Paswan

17. Shri M.K. Raghavan

18. Shri Alok Sanjar

19. Dr. Mahesh Sharma

20. Dr. Shrikant Eknath Shinde

21. Shri Raj Kumar Singh

22. Shri Kanwar Singh Tanwar

23. Shrimati Rita Tarai

SECRETARIAT

Shri P.P.K. Ramacharyulu, Joint Secretary

Shrimati Arpana Mendiratta, Joint Director

Shri Dinesh Singh, Deputy Director

Shri Pratap Shenoy, Committee Officer

5

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*** Relate to other matters.

I. Opening Remarks

2. * * *

II. Pending Issues

3. The Chairman then gave a brief account of the mandate and functioning of the Committeeand the issues which were under consideration of the previous Committee. He also informed thatthe two Bills pending before the Committee, namely (i) * * * and (ii) The Food Safety andStandards (Amendment) Bill, 2014 which had been referred to the previous Committee on the24th February, 2014 could not be examined and reported on because Members of the Committeegot preoccupied with the General Elections for the 16th Lok Sabha. He further informed thatthe Committee has been given time upto 31st October, 2014 for giving Reports on both theBills * * *

4. * * *

The Chairman informed the Members that since reports on the * * * Bills mentionedabove are to be given to Parliament by 31st October, 2014, the finalization of reports thereon willtake precedence over other subjects. * * *.

III. Suggestions by Members

5. * * *

6. The Committee then adjourned at 3.35 P.M. to meet again on 18th September, 2014 to hearthe views of Health Secretary on * * * the Bills referred to the Committee.

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IISECOND MEETING

The Committee met at 2.30 P.M. on Thursday, the 18th September, 2014 in Room No. ‘139’,First Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA

2. Shri Ranjib Biswal

3. Shri Rajkumar Dhoot

4. Shri Vijay Goel

5. Dr. R. Lakshmanan

6. Shrimati Kahkashan Perween

7. Dr. Vijaylaxmi Sadho

8. Chaudhary Munvvar Saleem

9. Dr. T.N. Seema

LOK SABHA

10. Shri Thangso Baite

11. Dr. Ratna De (Nag)

12. Dr. Sanjay Jaiswal

13. Dr. K. Kamaraj

14. Shri Arjunlal Meena

15. Shri Chirag Paswan

16. Shri M.K. Raghavan

17. Dr. Manoj Rajoriya

18. Shri Alok Sanjar

19. Dr. Mahesh Sharma

20. Dr. Shrikant Eknath Shinde

21. Shri Raj Kumar Singh

22. Shri Kanwar Singh Tanwar

23. Shrimati Rita Tarai

SECRETARIAT

Shri P.P.K. Ramacharyulu, Joint Secretary

Shri R.B. Gupta, Director

Shrimati Arpana Mendiratta, Joint Director

Shri Pratap Shenoy, Committee Officer

7

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WITNESSES

Representatives from Department of Health and Family Welfare

1. Shri Lov Verma, Secretary

2. Shri R.K. Jain, Additional Secretary and DG (CGHS)

3. Shri K. L. Sharma, Joint Secretary

4. Shri K. B. Aggarwal, Joint Secretary

Ministry of Law and Justice

Representatives from Legislative Department

1. Dr. M. Vijayawargiya, Joint Secretary and Legal Counsel

2. Shri I.C. Sharma, Deputy Legislative Counsel

Representative from Department of Legal Affairs

1. Shri Dinesh Bhardwaj, Joint Secretary and Legal Advisor

2. Dr. R.J.R. Kasibhatla, Dy. Legal Adviser

I. Opening Remarks

2. The Chairman, at the outset, welcomed the Members of the Committee and informed themthat in the meeting of the Committee held on 10th September, 2014, it was decided to hear theviews of the Secretary, Department of Health and Family Welfare on the two Bills, namely, (i) TheFood Safety and Standards (Amendment) Bill, 2014; (ii) * * * which have been referred to theCommittee for examination and Report.

3. * * *

4. * * *

II. Oral evidence on (i) The Food Safety and Standards (Amendment) Bill, 2014; and(ii) * * *

5. Thereafter, the Committee heard the views of the Secretary, Department of Health andFamily Welfare on the Food Safety and Standards (Amendment) Bill, 2014. The Secretary made apresentation on the Bill and enumerated the following points viz. history of Food Safety andStandards Act; amendments proposed in Food Safety and Standards (Amendment) Bill, 2014 whichproposed to amend Section 5 (composition of the Food Authority); Section-7 (conditions ofservices of the Chairperson and Members of the Food Authority) and Section-92 (power of FoodAuthority to make regulations). The Secretary also brought to the notice of the Committee thesubsequent developments pursuant to introduction of the amendment Bill in Rajya Sabha on 19thFebruary, 2014, namely- observations of the Lucknow bench of Allahabad High Court in theW.P.(C) No.1717 (MB) of 2013 due to which FSS Act may need to be amended to validate actionstaken by the Officers while having additional charge of Designated Officers from 6.8.2012 to17.7.2014; the Supreme Court of India in Petition (C) No. 159/2012, directed that Government ofIndia should think of making appropriate amendments in the Food Safety and Standards Act, 2006to deal with food adulteration sternly; and with creation of a new State of Telangana on 2.6.2014,entries in Zone 1 of the First Schedule of the FSS Act, needs to be changed and in view of theaforesaid developments since introduction of this Bill, the matter is being placed before the Cabinetfor taking a view on withdrawal of the Bill or otherwise.

*** Relates to other matters.

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6. Members then raised queries on the Bill like- need to reduce the women members from1/3rd of 22 members to 1/3rd of 10 members by way of proposed amendments in Section 5; needto dispense with the condition of previous publication in ‘Public Interest’, etc. Replying to thequery regarding the justification behind dispensing with the condition of. previous publication ofnotifications concerning food products, the Secretary, Department of Health and Family Welfaresubmitted that this was being done to facilitate speedy notification of standards of food items.

7. Thereafter, the Chairman sought an assurance from the Secretary, Department of Health andFamily Welfare that since the matter is under the consideration of the Cabinet for taking a viewon withdrawal of the Bill or otherwise, the Committee may be informed of the same within a week.

8. The Committee then raised issues of reported incidents of rampant adulteration in fooditems and sought detailed note for consideration of the Committee within fifteen days on measurestaken to tackle Food Adulteration in the country especially highlighting the issues of unregulatedsale of packaged water; adulterated milk and milk products; contents of fertilizers/pesticides/insecticides in food grains/vegetables/fruits.

9. * * *

10. A verbatim record of proceedings of the meeting of the Committee was kept.

11. The Committee then adjourned at 3.55 P.M. * * *

*** Relates to other matters.

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IIITHIRD MEETING

The Committee met at 2.30 P.M. on Thursday, the 25th September, 2014 in Committee Room‘A’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA2. Shri Ranjib Biswal

3. Shri Rajkumar Dhoot

4. Shri Vijay Goel

5. Shrimati B. Jayashree

6. Dr. R. Lakshmanan

7. Shrimati Kahkashan Perween

8. Dr. Vijay1axmi Sadho

9. Chaudhary Munvvar Saleem

LOK SABHA10. Shri Thangso Baite

11. Dr. Ratna De (Nag)

12. Dr. Sanjay Jaiswal

13. Dr. K. Kamaraj

14. Shri Arjunlal Meena

15. Shri J.J.T. Natterjee

16. Shri Chirag Paswan

17. Shri M.K. Raghavan

18. Dr. Manoj Rajoriya

19. Dr. Mahesh Sharma

20. Shri Raj Kumar Singh

21. Shri Kanwar Singh Tanwar

22. Shrimati Rita Tarai

23. Shri Akshay Yadav

SECRETARIATShri P.P.K. Ramacharyulu, Joint Secretary

Shri R. B. Gupta, Director

Shrimati Arpana Mendiratta, Joint Director

Shri Dinesh Singh, Deputy Director

Shri Pratap Shenoy, Committee Officer

10

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WITNESSES

* * *

* * *

I. Opening Remarks

2. * * *

3. The Chairman then brought to the notice of the Members, the status of the two Billspending before the Committee viz. (i) The Food Safety and Standards (Amendment) Bill, 2014;(ii) * * *. On the Food Safety and Standards (Amendment) Bill, 2014, the Chairman informedthe members that the Department of Health Welfare had informed that the Minister of Health andFamily Welfare had approved the proposal for withdrawal of the Bill and it would be placed beforethe Cabinet for consideration/approval. The Committee accordingly felt that no useful purposewould be served pursuing the Bill, if the Bill was to be withdrawn. It was decided that the Billmay not be pursued till a final decision is received from the Cabinet. * * *

4. * * *

II. * * *

5. * * *

6. * * *

7. * * *

8. * * *

9. * * *

10. A Verbatim record of the proceedings of the meeting was kept.

11. The Committee then adjourned at 4.10 P.M.

*** Relates to other matters.

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VISIXTH MEETING

The Committee met at 11.00 A.M. on Wednesday, the 19th November, 2014 in CommitteeRoom ‘A’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA

2. Shri Rajkumar Dhoot

3. Dr. Vijaylaxmi Sadho

LOK SABHA

4. Dr. Ratna De (Nag)

5. Dr. Heena Vijaykumar Gavit

6. Dr. Sanjay Jaiswal

7. Dr. K. Kamaraj

8. Shri Chirag Paswan

9. Shri Alok Sanjar

10. Dr. Shrikant Eknath Shinde

11. Shri Manohar Untwal

12. Shri Akshay Yadav

SECRETARIAT

Shri P.P.K. Ramacharyulu, Joint Secretary

Shri R.B. Gupta, Director

Shrimati Arpana Mendiratta, Joint Director

Shri Dinesh Singh, Deputy Director

Shri Pratap Shenoy, Committee Officer

WITNESSES

* * *

I. Opening Remarks

2. * * * The Chairman of the Committee also informed the Members that the Departmentof Health and Family Welfare vide its communication dated 13th November, 2014 had informed theCommittee that the Cabinet in its meeting held on 05.11.2014 approved the proposal of theDepartment of Health and Family Welfare for withdrawing the Food Safety and Standards

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*** Relates to other matters.

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(Amendment) Bill, 2014. In view of the Cabinet’s approval for the withdrawal of the Bill, theCommittee, decided not to pursue the Bill further. Since, as per the procedure, both the Housesof Parliament will have to be formally informed of the decision of the Committee through a Report,the Committee decided to approach the Hon’ble Chairman for granting time till 5th December, 2014for the purpose and authorized its Chairman to take necessary action in this regard.

II. * * *

3. * * *

4. * * *

5. * * *

6. A verbatim record of the proceedings of the Meeting was kept.

7. The Committee then adjourned at 12.45 P.M.

*** Relates to other matters.

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VIISEVENTH MEETING

The Committee met at 10.30 A.M. on Thursday, the 27th November, 2014 in Room No. ‘63’,First Floor, Parliament House, New Delhi.

MEMBERS PRESENT

1. Shri Satish Chandra Misera — Chairman

RAJYA SABHA

2. Shrimati B. Jayashree

3. Dr. Vijaylaxmi Sadho

LOK SABHA

4. Shri Thangso Baite

5. Dr. Subhash Bhamre

6. Dr. Ratna De (Nag)

7. Dr. Heena Vijaykumar Gavit

8. Dr. Sanjay Jaiswal

9. Dr. K. Kamaraj

10. Shri Arjunlal Meena

11. Shri Chirag Paswan

12. Shri M.K. Raghavan

13. Dr. Manoj Rajoriya

14. Shri Alok Sanjar

15. Dr. Shrikant Eknath Shinde

16. Shri Kanwar Singh Tanwar

17. Shrimati Rita Tarai

18. Shri Akshay Yadav

SECRETARIAT

Shri P.P.K. Ramacharyulu, Joint Secretary

Shri R.B. Gupta, Director

Shrimati Arpana Mendiratta, Joint Director

Shri Pratap Shenoy, Committee Officer

I. Opening Remarks

2. The Chairman, at the outset, welcomed the Members of the Committee and apprised themof the agenda of the meeting, i.e., to consider and adopt draft 80th Report on the Food Safety andStandards (Amendment) Bill, 2014.

14

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II. The Food Safety and Standards (Amendment) Bill, 2014

3. The Chairman informed the Committee that with regard to the Food Safety and Standards(Amendment) Bill, 2014, the Department had informed that the Cabinet had already approved theproposal of the Department for withdrawing the Bill. In view of this, the Committee in its meetingheld on 19th November, 2014 had decided not to pursue the Bill. The Committee thereafterconsidered Draft 80th Report on the Bill conveying its decision. After some discussion theCommittee adopted the same and decided to present the Report to the Rajya Sabha and lay on theTable of the Lok Sabha on Friday, the 28th November, 2014. The Committee authorized itsChairman and in his absence, Dr. Vijaylaxmi Sadho, Member, Rajya Sabha to present the Reportin Rajya Sabha, and Dr. Manoj Rajoriya, and in his absence, Shri Arjunlal Meena, Members, LokSabha to lay the Report on the Table of the Lok Sabha.

III. * * *

4. * * *

5. * * *

6. The Committee then adjourned at 10.55 A.M.

*** Relates to other matters.

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ANNEXURE

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TO BE INTRODUCED IN THE RAJYA SABHA

19 February, 2014

Bill No. X of 2014

THE FOOD SAFETY AND STANDARDS (AMENDMENT)BILL, 2014

A

BILL

further to amend the Food Safety and Standards Act, 2006.

BE it enacted by Parliament in the Sixty-fifth Year of theRepublic of India as follows:—

1. (1) This Act may be called the Food Safety and Standards(Amendment) Act, 2014.

(2) It shall come into force on such date as the CentralGovernment may, by notification in the Official Gazette, appoint:

2. In section 5 of the Food Safety and Standards Act, 2006(hereinafter referred to as the principal Act), in sub-section (1),—

(i) for the words “twenty-two members out ofwhich one-third shall be women”, the words, brackets andletters “twenty-three members, and out of the membersreferred to in clauses (b), (c), (d), (f) and (g), one-third shallbe women” shall be substituted;

(ii) after clause (a), the following clause shall beinserted, namely:—

“(aa) Chief Executive Officer of the FoodAuthority, Member-Secretary ex officio;”.

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Short titleandcommencement.

34 of 2006. Amendment ofsection 5.

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3. After section 7 of the principal Act, the following sectionshall be inserted, namely:—

“7A. The Chairperson shall have the powers of generalsuperintendence and directions in the conduct of the affairs ofthe Food Authority and shall, in addition to presiding over themeetings of the Food Authority, exercise and discharge suchother powers and functions of the Food Authority, as may beassigned to him by the Food Authority.”.

4. In section 92 of the principal Act, in sub-section (1), thefollowing proviso shall be inserted, namely:—

“Provided that the Central Government may, in thepublic interest, by order in writing, dispense with thecondition of previous publication in any case.”.

Insertion of newsection 7A.

Power ofChairperson.

Amendmentof section 92.

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STATEMENT OF OBJECTS AND REASONS

The Food Safety and Standards Act was enacted in theyear 2006 with a view to consolidate the laws relating to Food inthe country and to establish the Food Safety and StandardsAuthority of India for laying down science-based standards forarticles of food and to regulate their manufacture, storage,distribution, sale and import and to ensure availability of safe andwholesome food for human consumption.

2. Sub-section (1) of section 5 of the said Act provides forthe composition of the Food Authority consisting of a Chairpersonand twenty-two members, which does not include the ChiefExecutive Officer. It is proposed to include the Chief ExecutiveOfficer in the composition of the Food Safety and StandardsAuthority of India.

3. Further sub-section (1) of section 5 of the said Actprovides that one-third of the members shall be women in thecomposition of the said Authority. Out of twenty-two Members ofthe said Authority 12 members are nominated by the CentralMinistries, Departments, the States or Union territories. It is quitedifficult to ensure appointment of 1/3rd women members out ofthese 12 members. This makes it imperative to appoint 7 womenmembers out of remaining 10 part-time members representing foodindustry, consumers’ organisations, eminent food technologists andscientists, farmers’ organisations and retailers’ organisations.Therefore, it is proposed to amend sub-section (1) of section 5 ofthe said Act so as to provide that the provision regarding one-thirdmembers being women, shall be applicable to the members referredto in clauses (b), (c), (d), (f) and (g) of sub-section (1) of section5 of the said Act.

4. Section 5 of the said Act empowers the CentralGovernment to appoint the Chairperson in such a menner so as tosecure the highest standards of competence and relevant expertise.The Chairperson is expected to not only guide the organisation in itsinitial stages but also help in laying down systems, procedures andstructures to enable the said Authority to function as per the legalmandate. The Act, however, does not specifically provide for thisessential role of guiding and overseeing the work of the saidAuthority, though under section 16 of the Act, the said Authority ismandated to regulate and monitor the manufacture, processing,distribution, sale and import of food so as to ensure safe andwholesome food. As laid down in the preamble to the Act, it isnecessary to provide a single line of command in the Food Authorityto provide direction and accountability. Therefore, it is proposed toinsert section 7A in the said Act to address the need for continuity

21

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of policies, enabling the Chairperson to guide the affairs of the FoodAuthority.

5. The section 92 empowers the said Authority to makeregulations by notification with the previous approval of the CentralGovernment and after previous publication. It is proposed to amendthe said section so as to empower the Central Government todispense with the condition of previous publication in certain cases,in the public interest.

6. The Bill seeks to achieve the above objects.

NEW DELHI; GHULAM NABI AZADThe 13th February, 2014.

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ANNEXURE

EXTRACTS FROM THE FOOD SAFETY AND STANDARDS ACT, 2006

(34 OF 2006)

* * * * *

5. (1) The Food Authority shall consist of a Chairperson and thefollowing twenty-two members out of which one-third shall be women,namely:—

(a) seven Members, not below the rank of a JointSecretary to the Government of India, to be appointed by theCentral Government, to respectively represent the Ministriesor Departments of the Central Government dealing with—

(i) Agriculture,

(ii) Commerce,

(iii) Consumer Affairs,

(iv) Food Processing,

(v) Health,

(vi) Legislative Affairs,

(vii) Small Scale Industries,

who shall be Members ex officio;

(b) two representatives from food industry of whichone shall be from small scale industries;

(c) two representatives from consumer organisations;

(d) three eminent food technologists or scientists;

(e) five members to be appointed by rotation everythree years, one each in seriatim from the Zones as specifiedin the First Schedule to represent the States and the Unionterritories;

(f) two persons to represent farmers’ organisations;

(g) one person to represent retailers’ organisations.

* * * * *

92. (1) The Food authority may, with the previous approvalof the Central Government and after previous publication, bynotification, make regulations consistent with this Act and the rulesmade thereunder to carry out the provisions of this Act.

* * * * *

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Compositionof FoodAuthority andqualificationsfo rappointmentof itsChairpersonand otherMembers.

Power ofFoodAuthority tomakeregulations.

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24

RAJYA SABHA

A

BILL

further to amend the Food Safety and Standards Act, 2006.

(Shri Ghulam Nabi Azad, Minister of Health and Family Welfare)

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LIST OF REPORTS PRESENTED EARLIER

Report SubjectNo.

1 2

1. Demands for Grants 2004-05 of Department of Health (Ministry of Health and FamilyWelfare)

2. Demands for Grants 2004-05 of Department of Family Welfare (Ministry of Health andFamily Welfare)

3. Demands for Grants 2004-05 of Department of AYUSH (Ministry of Health and FamilyWelfare)

4. Fourth Report of the Committee on Action Taken by the Department of Health on theRecommendations/Observations contained in the First Report of the Committee onDemands-for-Grants (2004-05) of the Department of Health

5. Fifth Report of the Committee on Action Taken by the Department of Family Welfareon the Recommendations/Observations contained in the Second Report of theCommittee on Demands-for-Grants (2004-05) of the Department of Family Welfare

6. Sixth Report on Action Taken by the Department of AYUSH on the Recommendations/Observations contained in the Third Report of the Committee on Demands-for-Grants(2004-05) of the Department of AYUSH

7. Seventh Report on Demands for Grants 2005-06 of Department of Health (Ministry ofHealth and Family Welfare)

8. Eighth Report on Demands for Grants 2005-06 of Department of Family Welfare(Ministry of Health and Family Welfare)

9. Ninth Report on Demands for Grants 2005-06 of Department of AYUSH (Ministry ofHealth and Family Welfare)

10. Tenth Report on the Homoeopathy Central Council (Amendment) Bill, 2005

11. Eleventh Report on the Indian Medicine Central Council (Amendment) Bill, 2005

12. Twelfth Report on the Drugs and Cosmetics (Amendment) Bill, 2005

13. Thirteenth Report of the Committee on Action Taken by the Department of FamilyWelfare on the Recommendations/Observations contained in the Eighth Report of theCommittee on Demands-for-Grants (2005-06) of the Department of Family Welfare

14. Fourteenth Report of the Committee on Action Taken by the Department of AYUSH onthe Recommendations/Observations contained in the Ninth Report of the Committee onDemands-for-Grants (2005-06) of the Department of AYUSH

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15. Fifteenth Report of the Committee on Action Taken by the Department of Health onthe Recommendations/Observations contained in the First Report of the Committee onDemands-for-Grants (2005-06) of the Department of Health

16. Demands for Grants 2006-07 of Department of Health and Family Welfare (Ministryof Health and Family Welfare)

17. Demands for Grants 2006-07 of Department of AYUSH (Ministry of Health and FamilyWelfare)

18. Eighteenth Report on the Indian Medicine and Homoeopathy Pharmacy Bill, 2005

19. Nineteenth Report on the Indian Medical Council (Amendment) Bill, 2005

20. Twentieth Report of the Committee on Action Taken by the Department of Health andFamily Welfare on the Recommendations/Observations contained in the SixteenthReport of the Committee on Demands-for-Grants (2006-07) of the Department ofHealth and Family Welfare

21. Twenty-First Report of the Committee on Action Taken by the Department of AYUSHon the Recommendations/observations contained in the Seventeenth Report of theCommittee on Demands-for-Grants (2006-07) of the Department of AYUSH

22. Demands for Grants 2007-08 of Department of Health and Family Welfare (Ministryof Health and Family Welfare)

23. Demands for Grants 2007-08 of Department of AYUSH (Ministry of Health and FamilyWelfare)

24. Twentieth-fourth Report on JIPMER, Puducherry, Bill, 2007

25. Twentieth-fifth Report of the Committee on Action Taken by the Department of Healthand Family Welfare on the Recommendations/Observations contained in the Twenty-second Report of the Committee on Demands-for-Grants (2007-08) of the Departmentof Health and Family Welfare

26. Twenty-sixth Report of the Committee on Action Taken by the Department of AYUSHon the Recommendations/Observations contained in the Twenty-third Report of theCommittee on Demands-for-Grants (2007-08) of the Department of AYUSH

27. Demands for Grants 2008-09 of Department of Health and Family Welfare (Ministryof Health and Family Welfare)

28. Demands for Grants 2008-09 of Department of AYUSH (Ministry of Health and FamilyWelfare)

29. Demands for Grants 2008-09 of Department of Health Research (Ministry of Healthand Family Welfare)

30. The Drugs and Cosmetics (Amendment) Bill, 2007

31. The Paramedical and Physiotherapy Central Councils Bill, 2007

32. The Clinical Establishments (Registration and Regulation) Bill, 2007

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1 2

33. The Post-Graduate Institute of Medical Education and Research, Chandigarh(Amendment) Bill, 2008

34. The functioning of the three Vaccine Producing PSUs, namely, the Central ResearchInstitute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCGVaccine Laboratory (BCGVL), Chennai

35. Thirty-fifth Report on Action Taken by Government on the Recommendations/Observations contained in the Twenty Seventh Report on Demands for Grants2008-09 of the Department of Health and Family Welfare

36. Thirty-sixth Report on Action Taken by Government on the Recommendations/Observations contained in the Twenty eighth report on Demands for Grants 2008-09of the Department of AYUSH

37. Thirty-seventh Report on Action Taken by Government on the Recommendations/Observations contained in the Twenty ninth report on Demands for Grants 2008-09 ofthe Department of Health Research

38. Thirty-eighth Report on Major Issues concerning the three vaccine producing PSUs,Namely the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India(PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai.

39. Department-related Parliamentary Standing Committee on Health and Family WelfareThirty Ninth Report on Demands for Grants (2010-11) pertaining to the Department ofHealth and Family Welfare

40. Department-reated Parliamentary Standing Committee on Health and Family WelfareFortieth Report on Demand for Grants 2010-11 of Department of AYUSH. Ministry ofHealth and Family Welfare.

41. Department-related Parliamentary Standing Committee on Health and Family WelfareForty First Report on Demands for Grants 2010-11 pertaining to Department of HealthResearch

42. Department-related Parliamentary Standing Committee on Health and Family WelfareForty Second Report on Demands for Grants 2010-11 pertaining to Department ofAIDS Control

43. Action Taken by the Department of Health and Family Welfare on theRecommendations/Observations of the Committee contained in its Thirty-Eighth Reporton major issues concerning the three vaccine producing PSUs, namely, the CentralResearch Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and theBCG Vaccine Laboratory (BCGVL), Chennai

44. The Transplantation of Human Organs (Amendment) Bill, 2009

45. Issues Relating to availability of Generic, Generic-branded and Branded Medicines, theirFormulation and Therapeutic Efficacy and Effectiveness

46. The Indian Medicine Central Council (Amendment) Bill, 2010

47. The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry(Amendment) Bill, 2010

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48. Action Taken by Government on the Recommendations/Observations contained in theForty-First Report on Demands for Grants 2010-11 (Demand No. 48) of theDepartment of Health Research

49. Action Taken by Government on the Recommendations/Observations contained in theForty-Second Report on Demands for Grants 2010-11 of the Department of AIDSControl

50. Action Taken by Government on the Recommendations/Observations contained in theFortieth Report on Demands for Grants 2010-11 (Demand No. 47) of the Departmentof AYUSH

51. Action Taken by Government on the Recommendations/Observations contained in theThirty-Ninth Report on Demands for Grants 2010-11 (Demand No. 46) of theDepartment of Health and Family Welfare

52. Action Taken by the Department of Health and Family Welfare on theRecommendations/Observations of the Committee contained in its 43rd Report onAction Taken by the Department of Health and Family Welfare on theRecommendations/Observations of the Committee contained in its 38th Report on majorissues concerning the three Vaccine Producing PSUs, namely, the Central ResearchInstitute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCGVaccine Laboratory (BCGVL), Chennai

53. The National Institute of Mental Health and Neuro-Sciences, Bangalore Bill, 2010

54. Demand for Grants 2012-13 (Demand No. 46) of the Department of Health and FamilyWelfare (Ministry of Health and Family Welfare)

55. Demands for Grants 2012-13 (Demand No. 47) of the Department of AYUSH

56. Demands for Grants 2012-13 (Demand No. 48) of the Department of Health Research

57. Demand for Grants 2012-13 (Demand No. 49) of the Department of AIDS Control

58. Action taken by the Government on the Recommendations/Observations contained inthe Forty fifth Report on issues relating to availability of Generic, Generic-Branded andBranded Medicines, their formulation and Therapeutic Efficacy and Effectiveness

59. The Functioning of the Central Drugs Standard Control Organisation (CDSCO)

60. The National Commission for Human Resources For Health Bill, 2011

61. Action Taken by Government on the Recommendations/Observations contained in theFifty-Fifth Report on Demands for Grants 2012-13 (Demand No. 47) of theDepartment of AYUSH

62. Action Taken by Government on the Recommendations/Observations contained in theFifty-Seventh Report on Demands for Grants 2012-13 (Demand No. 49) of theDepartment of AIDS Control

63. Action Taken by Government on the Recommendations/Observations contained in theFifty-Sixth Report on Demands for Grants 2012-13 (Demand No. 48) of theDepartment of Health Research (Ministry of Health and Family Welfare)

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64. Action taken by Government on the Recommendations/Observations contained in theFifty-Fourth report on Demands for Grants 2012-13 (Demand No. 46) of theDepartment of Health and Family Welfare;

65. The Proposal to Introduce the Bachelor of Science (Community Health) Course

66. Action Taken by the Government on the Recommendations/Observations contained inthe Fifty Ninth Report on the functioning of Central Drugs Standards ControlOrganisation (CDSCO)

67. Demands for Grants 2013-14 (Demand No. 47) of the Department of Health andFamily Welfare

68. Demands for Grants 2013-14 (Demand No. 48) of the Department of AYUSH (Ministryof Health and Family Welfare)

69. Demands for Grants 2013-14 (Demand No. 49) of the Department of Health Research(Ministry of Health and Family Welfare)

70. Demands for Grants 2013-14 (Demand No. 50) of the Department of AIDS Control(Ministry of Health and Family Welfare)

71. Functioning of Central Government Health Scheme (CGHS)

72. Alleged irregularities in the Conduct of Studies Using Human Papilloma Virus (HPV)Vaccine by Path in India

73. The Indian Medical Council (Amendment) Bill, 2013

74. The Mental Health Care Bill, 2013

75. Action Taken by Government on the Recommendations/Observations contained in theSixty-Eighth Report on Demands For Grants 2013-14 (Demand No. 48) of theDepartment of AYUSH

76. Action Taken by Government on the Recommendations/Observations contained in theSeventieth Report on Demands for Grants 2013-14 (Demand No. 50) of theDepartment of AIDS Control

77. Action Taken by Government on the Recommendations/Observations contained in theSixty-Nineth Report on Demands for Grants 2013-14 (Demand No. 49) of theDepartment of Health Research

78. Action Taken by Government on the Recommendations/Observations contained in theSixty-Seventh Report on Demands for Grants 2013-14 (Demand No. 47) of theDepartment of Health and Family Welfare (Ministry of Health and Family Welfare)

79. The Drugs and Cosmetics (Amendment) Bill, 2013

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