Kolkata, Sept. 9 -- Amid claims by some food operators that laboratory testing is mandatory before authorities can destroy food, legal experts highlight that the Food Safety and Standards Act, 2006, lays down separate procedures for sampling and analysis and destruction of deteriorated food.

The issue has assumed significance during the recent food-safety drive across Bengal.

The Act does not make a laboratory report a precondition for every instance of destruction. Under Section 38(1), a Food Safety Officer can take samples and seize food that appears to contravene the Act or regulations.

Section 38(4) deals with seized perishable food. If the officer is satisfied that such food has deteriorated to the extent of being unfit for human consumption, the officer may, after giving written notice to the food business operator, cause it to be destroyed.

Where a sample is taken for laboratory analysis, Section 47 requires written notice of the intention to have it analysed. Under Section 46, the Food Analyst is ordinarily required to submit the report within 14 days. Appeals against the report lie to the Designated Officer, who may refer it to a referral laboratory.

The Act also distinguishes between "sub-standard" and "unsafe" food. Food is sub-standard when it does not meet specified standards but is not unsafe.

The issue came into focus in Kolkata after KMC Municipal Commissioner and Administrator Smita Pandey was asked how officials assessed cooked food when laboratory reports were not available.

Pandey said some food "stank" and that experienced officers could identify such deterioration. She also said raw ingredients with fungal growth were found and 161 samples were collected.

The KMC inspection list of 40 establishments records destruction of food at three premises - Balaram Mullick & Radharaman Mullick, Denzong Kitchen and Gobinder Misti - but no sample collection against any of the 40. Licence suspension is separately governed by Section 32, including forthwith suspension by the Designated Officer in the interest of public health, with reasons recorded in writing.

Published by HT Digital Content Services with permission from Millennium Post.