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Maharashtra FDA accused of harassing FBOs through adjudicating officers
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Friday, 31 January, 2020, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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The Maharashtra FDA is being accused of harassing food businesses through adjudicating officers. An association, All Food and Drug License Holders’ Foundation, has accused the Maha FDA of incorporating ‘improper’ sentences in the ‘authorisation letter,’ which is issued to an accused FBO for authorising some person to appear before the adjudicating officer on its behalf.
The adjudicating officers under the FSS Act and Regulations thereunder are meant to hear the case presented before them related to food.
The letter purportedly issued by the FDA office Pune Division says in point No. 3, “That I do not want to file any representation in this matter. We admit the food analyst report as well as the content in the document attached with the adjudication application, which are related to me. We plead guilty in this matter.”
Abhay Pandey of All Food and Drug License Holders’ Foundation (a Maharashtra-based association), states that FSS Act says adjudicating officer will have magisterial powers. Most of the adjudicating officers in the country appointed are not below the rank of Additional District Magistrate. But in Maharashtra the adjudicating officers are not appointed as per the rules.
He alleged that the officers appointed as adjudicating officers do not have magisterial powers and are appointed from within the Maha FDA officers’ rank.
He pointed out that the authorisation letter issued by the FDA Pune division in a format that is grossly improper and has become a tool for harassment of FBOs, particularly the small traders who do not understand the nuances of the law.
He alleged that this has become a serious problem. He has also submitted a representation before the Maharashtra FDA Commissioner to conduct an inquiry into the matter.
Meanwhile, in a reply to the Maharashtra FDA Commissioner, S S Deshmukh, joint commissioner, FDA Pune division, stated that in order to comply with the provisions of the FSS Act, the accused person or their authorised person is required and obliged to appear before the judicial officer. “There isn’t any draft for the authorisation letter.”
In his reply, Deshmukh added that in this draft, no one is obliged or compelled to submit the letter. For each case filed before the judicial officer, the same procedure is followed as per the rule. When filing a judicial application, every document filed before the judicial officer is considered. The accused is not sentenced to a fine for admitting the crime in a mere and only official letter.
Deshmukh added in his reply that the accusation of Pandey was misleading.
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