Monday, 7 May 2012

Jail plus fine: FSO threatens Thiruvallur shopkeeper in illegal notice

Monday, May 07, 2012 08:00 IST 
Akshay Kalbag, Mumbai



Despite obtaining injunctions against the Food Safety and Standards Act (FSSA), 2006, food business operators (FBOs) across Tamil Nadu continue to be harassed by food safety officers (FSOs). 

Determined to make a quick buck at the hapless traders' expense, the inspectors have turned a deaf ear to the fact that August 5, 2012, is the last date for obtaining the registrations and licences.

The latest incident involves the FSO of Thiruvallur District, Ellapuram Block. Although P Subash Chandra Bose, vice-president, Tamil Nadu Foodgrains Merchants' Association (TNFMA), informed FnB News of the same, he did not name the officer in question or his victim.

“The FSO visited several shops in the area under his jurisdiction and demanded that their owners obtain licences immediately, although they have about three months in hand to do so,” he said.

“They were obviously upset and refused to pay any heed to his demand, which angered him. He issued an illegal statutory notice to the owner of a shop on Tamaraipakkam Junction Road, Ammanapakkam, Thiruvallur District,” said Bose.

“The FSO threatened to book the trader under six Sections of the Act: Sections 55; 56; 59; 61; 62 and 63. Each of these pertain to penalties. In fact, he told him that he would have him imprisoned for twice the time and levy five times the fine stipulated in Section 62,” Bose said.

“Let me remind you that Section 55 carries a penalty of Rs 2 lakh for failing to comply with the FSO's directions; under Section 62, an FBO is liable to be imprisoned for six months and pay a penalty of Rs 5 lakh for obstructing or impersonating an FSO,” Bose said.

He added, “Under Section 56, if food is manufactured or processed in unhygienic or unsanitary conditions, it attracts a penalty of Rs 1 lakh; if he prepares unsafe food, he would be liable to pay Rs 10 lakh under Section 59.”

“Under Section 61, furnishing false information carries a term of three months in prison and a penalty of Rs 2 lakh; and under Section 63, a person found carrying out a business with a licence is liable to spend six months in prison and pay a fine of Rs 5 lakh,” Bose said.

“Wouldn't it be impossible to revert to the FSO – who called this his final notice – within the stipulated 15-day deadline,” asked Bose. Incidentally, the time he granted the trader elapsed a couple of days ago.


SOURCE



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