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As a prominent Non-Government Organization (NGO) reported high levels of pesticide and toxins in soft drinks, the Rajya Sabha passed a Bill to consolidate laws relating to food and establish a regulatory body for the food-processing sector.
The Centre for Science and Environment (CSE) reported that even after three years when high levels of pesticides were found in soft drinks produced in this country and despite directions given by the Joint Parliamentary Committee (JPC), the manufacturers continue to violate Indian law with impunity. Pesticide content level, specifically 3-6 toxic pesticide chemicals, was on an average 24 times higher than the permissible limits set by the Bureau of Indian Standards (BIS). The CSE tested 57 samples of 11 soft drink brands from 25 different manufacturing plants of Coca Cola and PepsiCo in 12 states and found that these products violated BIS norms in multiple ways. For example, Coca Cola bought in Kolkata contained 140 times more that permissible limits of the deadly pesticide Lindane which is a confirmed carcinogen. Coca Cola manufactured in Thane contained 200 times allowable levels of neurotoxin Chlorpyrifos. Heptachlor, banned in India, was found in 71 per cent of the samples, at levels four times higher than BIS standards. In Punjab, samples from Ludhiana, Faridkot, and Amritsar had residue contents 17 to 20 times high while those from Delhi had 34 times more. On an average, Pepsi cola contained 30 times higher residues while Coca Cola was 27 times more.
CSE Director Sunita Narain said that the Federal Health Ministry has completely disregarded the specific JPC directions to appease cola companies. In response, the Health Ministry said that more research is needed to define standards but Health Minister Anbumani Ramdoss meekly asked the cola companies to observe regulations. Narain demanded that the Government notify final product standards of soft drinks so it does not “compromise” the health of children, who are the primary consumers. After the 2003 report, the BIS had apparently set up a committee of scientists, government officials, industry representatives and consumer organizations to formulate standards for pesticides and caffeine in soft drinks and completed its standards by March 2006. But on March 29, when the committee was about to approve the standards, the health ministry objected to the norms arguing that not enough “scientific and technical data” had been provided. The Ministry said its own expert committee was examining the issue of pesticide residues with a goal “to formulate country-specific standards based on transparent scientific criteria.” Since the BIS standards have not been notified, the soft drink manufacturers have not technically violated any law.
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The Indian Soft Drinks Manufacturing Association said soft drinks manufactured in India “comply with stringent international norms and all applicable national regulations” but did not address individual allegations of the CSE report. Three years ago, Coca Cola cast aspersions on the authenticity of the testing facilities, complained of double standards since there were no standards set for sugar, alleged conspiracy targeting soft drinks since there were no standards for dairy products, drinking water, or vegetables. Addressing the testing facilities excuse, the CSE has used the expensive GS-MS equipment in a methodology approved by the JPC in a lab that has 9001:2000 quality management system accreditations and interestingly found more pesticides than the earlier test.
Narain pointed out that the Food Safety and Standards Bill passed by the Parliament did not adequately address the issue of food safety as “Without standards, the Government is actually making it legal for the companies to serve consumers a deadly cocktail.” While the Food Safety and Standards Authority of India (FSSAI) would monitor the sale and import of food articles to ensure availability of safe and wholesome food, it excludes farmers, fishermen and small vendors had been excluded from the purview of the legislation. It also excludes animal feed in violation of a Supreme Court (SC) verdict in the case of "Satpal Gupta & Another V State of Haryana & Others." While considering the word "Foodstuff" used in Haryana Rice Bran (Distribution and Price) Control Order, 1967 issued under the Essential Commodities Act, 1955 the SC said that any stuff which is commonly used as food by the generality of living beings is foodstuff and that it is not legitimate to restrict the meaning of that word to things which are used as food by human beings. In this judgment, the SC said that the animal kingdom is not in anyway less important. Quoting this judgment while delivering a verdict against a dog food company that was claiming that its product was not food but pet food, the Commissioner of Sales Tax in New Delhi said that the Oxford Dictionary defined the word “Food” as any nutritious substance that people or animals eat or drink or that plants absorb in order to maintain life and growth.
While common law, the country’s legal system, past ruling, common sense, and culture show that there is an inbuilt system to attach high importance for health of humans, animals, and plants, the political system continues to shield unscrupulous companies that compromises health. In addition, lack of standards is also encouraging multi-nationals to abuse the Indian system because its laws are not stable and non-enforceable. Instead of passing cosmetic laws, the political system needs to get serious about the health of this nation.
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