Mumbai, Oct 30 The Maharashtra government has suspended four FDA officials, including two assistant commissioners, over alleged procedural lapses and failure to follow due diligence while initiating action against manufacturers and traders of flavoured and scented hookah tobacco products.
It has also ordered departmental inquiries against all the four officials of the Food and Drug Administration (FDA), the state’s food safety regulator.
The suspension orders, issued by the Medical Education and Drugs Department, under which the FDA functions, on Friday named two assistant commissioners and an equal number of food safety officers posted in Pune, Nagpur and Solapur.
These officials are D V Bhogawade, Assistant Commissioner (Food), Pune; Y B Dahatonde, Assistant Commissioner (Food), Nagpur; C R Swami and A Y Ilager, both Food Safety Officers.
The action follows proceedings against two companies, M/s SOEX India Pvt Ltd and M/s High Street Impex LLP, in connection with flavoured and scented hookah tobacco products. The products carried declarations stating that they were not meant for edible use and were intended only for smoking through hookahs.
The suspension orders cite several common procedural shortcomings in the handling of these cases.
These include failure to properly examine whether the products fell under the definition of ‘food’ under the Food Safety and Standards Act, 2006, and inadequate assessment of the jurisdiction of the Food Safety and Standards Authority of India (FSSAI).
The officials were also found to have failed to adequately examine product classification, labels, intended use, non-edible declarations, export-related details and supplier or manufacturer information before initiating action.
The orders further point to shortcomings in inspection records, sample documentation and stock verification. The officials allegedly failed to properly distinguish between finished goods and raw materials and did not adequately assess the classification of the products as food or non-food items.
The government also flagged the use of coercive measures without properly examining their legal basis, proportionality and whether less restrictive action could have been taken.
In the case involving SOEX India, the order against Bhogawade specifically mentions that he failed to exercise due diligence and examine relevant legal and factual aspects before initiating action. It also refers to the absence of adequate justification for the measures taken against the company.
The government has ordered departmental inquiries against all four officials under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.
The orders stress the need for officials to undertake proper verification, obtain necessary legal opinions and examine FSSAI’s jurisdiction before taking enforcement action in similar cases.
They further indicate that strict action should be taken against officials found responsible for procedural violations.
The suspension orders refer to proceedings before the Bombay High Court concerning the action against the two companies, including issues relating to the release of seized articles and de-sealing of their factories.
(PTI News)
