‘Those who do not abide by law cannot do business’: Tukaram Mundhe

Interview/ Tukaram Mundhe, commissioner, Maharashtra Food and Drug Administration

THE MAHARASHTRA Food and Drug Administration (FDA) has been on an aggressive drive to enforce food-safety regulations. It has resulted in raids and inspections across a wide range of establishments from dairies, restaurants, hotel kitchens and gymkhana canteens to food delivery platforms and even the Bombay High Court canteen. Several licences have been suspended, and establishments have been asked to comply with regulations.

The raids have raised questions about whether the FDA has adequate manpower to inspect the state's vast food sector, and whether it is targeting only high-profile establishments.

FDA commissioner Tukaram Mundhe spoke to THE WEEK about the scale of the crackdown, and the constraints FDA faces in enforcing food-safety standards.

Edited excerpts:

Q/ Are you surprised by the number of establishments that have violated rules?

I am not surprised, and it is not a large number either. We have more than 10 lakh registrations or licences in the food sector, and more than 1.52 lakh in the drug sector. Compared with these numbers, [the extent of] the action is nothing.

The action is proportionate to the level of non-compliance. It is not that every licence has been suspended. Some have been given improvement notices, some licences have been suspended, and some have been given time to comply.

Q/ People say you are only going after the big establishments.

Not at all. The law is the same; the implementation mechanism is the same. We get information [and] complaints. There are surveys and analysis. All factors are taken into account while initiating action.

Our complaints portal is unique in the sense that it has auto-assignment, auto-escalation, tracking and transparency. With the launch of this portal, the flow of complaints has increased. The complaints are filtered using AI; false complaints are not accepted.

Even if it is a vada pav-walla, we have taken action. We have taken action against restaurants, dairies, grocery owners and chains. There is no discrimination because the law does not discriminate.

The FDA mandate is to ensure that the regulations are implemented. Those who do not abide by the law cannot do business.

Q/ Are you surprised that FDA had taken no action before you came in?

I am surprised, but not shocked. I am not a foodie who eats in multiple restaurants. But my kids do, and whenever I saw these things, I thought, yes, they were not following the norms.

So I am surprised in that way, but not shocked because there is a lack of machinery.

Q/ When you visit a restaurant, what do you notice first? And how do you judge, then and there, whether they are flouting norms?

First, look at the FSSAI (Food Safety and Standards Authority of India) licence. It should be prominently displayed. If you find any flaw, you can complain using the barcode mentioned there.

Then look at cleanliness, the menu card and what your food looks like.

Also, it is a must that you are provided free drinking water. If they straightaway provide bottled water, it means something is wrong. If they insist that you opt only bottled water, it is a violation.

They have to offer potable drinking water free of cost. They themselves cannot offer bottled water to you unless you ask for it.

Q/ What is the extent of staff shortage at FDA?

We do have [staff shortage] here, but not as bad as in other states. The ratio [depends on] the number of establishments. For example, you have around 12 lakh food establishments. Generally, for every 1,000 establishments, there has to be one FSO, or food safety officer.

That is not the case right now. A joint parliamentary committee has recommended that there has to be at least one officer for each rural taluka or block. In urban areas, there has to be one for every 1,000 establishments. I would require around 900 FSOs, whereas my sanctioned strength is around 350. So that is the gap.

This is, of course, limiting us in carrying out our work, because we cannot check all the establishments we are expected to check. We do not have that many officers.

Q/ You recently took on Blinkit. Food delivery platforms display FSSAI licence numbers. Beyond verifying that a licence exists, do these platforms have any responsibility to continuously monitor compliance?

Yes, they have to abide by all the regulations applicable to any FBO (food business operator) because they are registered as an FBO.

Even though they are a platform, they are serving, purchasing or taking an order from someone and selling it. When they do that, it is their responsibility to ensure that the food prepared is as per the standards.

Q/ Many consumers assume that an FSSAI licence guarantees hygienic food. Is that a misconception?

When a licence is issued, they are expected to implement the standards. What has happened is that licences have to be issued online in a time-bound manner, so they are issued.

But it is the responsibility of the concerned FBO to adhere to the standards. If they fail, their licence can be revoked or cancelled, or they can be prosecuted.

An FSSAI licence is a licence to operate as per the standards. That is expected of everyone. Whether they actually do it or not is for us, the regulator, to inspect. That is what we are doing.

Q/ In your experience, are food-safety violations largely because of negligence, cost-cutting or lack of awareness?

All of them, together. The main thing is that they have all taken us for granted, which is one of the major reasons for non-compliance.