Food authorities lack powers, control systems:

Risks in your street-side snack

By Kishani Samaraweera

Feeling hungry or thirsty after a stroll in the city? Chances are that the nearest snack bar may not be the safest for food and drink. Again, the take-out on your way home may not be the safest for your fried rice or kotthu dinner.

‘Food safety’ is a term we often hear, but, only a few outlets adhere to safety regulations. Many food outlets offer sub-standard food prepared and displayed under poor hygienic conditions.

The Colombo Municipal Council (CMC) and the Provincial administrations often team up with the Ministry of Health to conduct regular raids to ensure that regulations are being followed without any glitches. In Colombo, raids are conducted by the CMC, especially, during festive seasons to nab traders who sell food unsuitable for human consumption, to unsuspecting pilgrims or revellers. Chief Medical Officer, Public Health Department, City of Colombo, Dr. Ruwan Wijayamuni told the Sunday Observer that although raids and inspections are carried out frequently, the authority to take prompt action is not vested in them.

Laws

The Food Act No 26 of 1980 and the Municipal Council Ordinance are the two main pieces of legislation that regulate and control the manufacture, importation, sale and distribution of food, to establish a food advisory committee and to provide for matters connected. Dr. Wijayamuni said the Food Act of 1980 is one of the oldest in the Asian region. “For example, it includes specifications on label regulations, sugar contents in drinks and a series of regulations pertaining to other relevant areas as well, especially, food safety and hygiene,” he said. He added that the Municipal Council Ordinance also has specific regulations for bakeries and eating houses. According to Dr. Wijayamuni, cleanliness of the kitchen, the water supply and the condition of the building are some of the factors they generally focus on. The Food Act vests the Chief Food Authority with authority to maintain food hygiene and safety in eateries. Certain powers are also given to the food advisory council and the Chief Medical Officer. “All medical officers, food inspectors and Public Health Inspectors (PHI) are bound to execute the Food Act,” he added.

According to Dr. Wijayamuni, the CMC’s ‘H800’ form lays down the manner in which food outlets will be inspected. He says, they focus on the location of the eatery, water supply, discharge of liquid and solid waste, raw materials used, cleanliness, condition of the workers, education in food hygiene, size of the kitchen and conditions of the building and cooking and serving areas.

“We usually take random water samples to check whether the water they use is safe to drink or for food preparation,” he said.

Raids

According to CMC’s Chief Food Inspector, Lal Kumara, the Council carries out a minimum of two raids on food outlets every month. “During the food safety week we carried out raids throughout. Raids are mostly conducted on the instructions of senior officers who specify the time and places to be inspected,” said Kumara.

He said, they mostly come across issues where food outlet owners have not frozen the food items as per the instructions. "Prepared food should not be stored with raw food. Also, when storing meat, standards should be maintained. If food outlet owners are found not adhering to regulations and expected standards as per the Act, they will be fined and all items not suitable for consumption will be destroyed," said Kumara.

During the food safety week more than 100 places were inspected within the Colombo city.

The public can complain regarding food outlets that fail to comply with the quality and standard expected, by telephoning the CMC on the hotline 2676161.

"Within half an hour we will visit the place and inspect the items, provided the outlets are situated within the Colombo city limits," he said, adding that legal action will be taken against those found guilty.

Dr.Wijayamuni says, they try to maintain the basics, but, the immediate action for breach of regulations needs to improve."I feel that more authority should be given to the officers to take prompt action without postponing it for months," he added.Explaining that about 90% of the food establishments are medium or small scale, Dr.Wijayamuni says, of that, 95% are not run by the owner. Hence, when Health authorities warn them to do certain changes, they are unable to carry out the instructions without the permission of the owners as the premises are either rented or leased. "Food outlets which are medium scale do not face this issue, because they have the authority or mandate to make the changes when advised. However, under the Food Act, the person running the place is liable if any regulation or a law is breached," he said.

FineIf found guilty, the wrongdoers will be charged under The Food Act for preparation of food under unhygienic conditions. The penalty charges range from Rs 3,000 to 10,000. Dr. Wijayamuni says these offences under the Food Act are often taken lightly. Once the traders/food outlet owners pay the fine, they continue with the same old practice."Under the Act we can take action, but it's a lengthy procedure. It takes a minimum of two and a half years to get a court order. So, until such time the trader run the place in the same unhealthy condition," he said. "I suggest, authority should be given to a team. For example, the area chief medical officer, area food inspector or other relevant authorities who inspect should decide whether to close down a place at once".

According to Dr. Wijayamuni, within the Colombo city, in 2015, 687 cases were filed against traders who failed to adhere to regulations, of which 238 resulted in convictions. The city has collected Rs. 656,600 in fines. "Although the number of convictions is high, the fines are very low. This year, so far, we have filed 268 cases, and fines collected amount to just Rs.781,500," he said. Dr. Wijayamuni believes there is a need for a policy on street food, for which there is a demand. In other countries people enjoy street food and they are safe since it is properly regulated.

"We have some constraints due to the lack of cleanliness on the roads and the dust. Nevertheless, street food has been looked down upon in our country. We have to promote it in a proper, regulated manner.

It is a great way to boost tourism as well," he added. He stressed that the authorities have turned a blind eye to this need for a more rigorous regime of supervision that would turn the street food business into a properly streamlined and lucrative trade.Explaining the steps taken by the Consumer Affairs Authority (CAA), CAA Director, Consumer Affairs & Information, Chandrika Tillekeratne said that a new directive had been issued last year which will take effect from January 2017.

"Traders involved in mass catering have to get the GMT (Good Manufacturing Certificate). Therefore, raids checking for GMT certification will commence from January 2017. At present, we are conducting awareness programs for the traders," she said. She added that the CAA is conducting 100-200 raids per day for various violations of the Consumer Protection Act, including food outlets and pharmacies.