Rights investigation
Food Adulteration: A serious criminal offence
Barrister Harun ur Rashid
Consumers in Dhaka and other cities in Bangladesh are very alarmed to learn about the incidences of serious adulteration in food. Not only it is reported that certain "rogue" restaurants are using dead meat/chicken meat, sweets have been mixed with substances that pose health hazards. Furthermore consumers do not get what they see in the shops and in "rogue" restaurants. During 2005, adulterated food products have soared in the market, according to media.
The news "Eating Dangerously" was run in The Daily Star that provided awareness about adulterated food products among consumers. The investigative reporters of the newspaper have done a splendid job in detecting adulterated food products and exposing them to the public.
Food safety
Food safety is not a problem for Bangladesh only. It is spread over all the developing countries. It is seen generally that demand for food quality increases with the increase of household incomes. Consumers express their concerns about the healthiness and wholesomeness of food when standard of living develops at a certain level.
Food safety includes food quality. Consumers should get what they are told of the contents of food product. It is extremely difficult for consumers to assess their exposure to risks in each food product and to accurately articulate their demand for safety. They believe what the food vendors tell them.
In the Western countries, food safety regulations are very strict and millions of dollars are fined as penalty, if food safety is breached. Furthermore jail sentences are also specified for and negligence (tort) suits are lodged in the courts for compensation for breach of safety of food.
Bangladesh is a tropical country and for nine months the temperature is warm. Experts say that warm temperature is ideal for bacteria to grow quickly unless strict preventative measures are in place. Another regrettable culture pervades is to get "quick money", by hook or by crook.
Food borne illness (food poisoning) is mainly caused by pathogenic (harmful) bacteria, virus, or chemical toxins in food or water. Some of these microbes infect our bodies and grow. The end result is illness and in very severe cases food poisoning may even cause death. Experts say that food that looks, smells and taste fine can cause food poisoning, if it has not been correctly prepared with genuine ingredients or not handled correctly or has been contaminated in some way.
A great proportion of breaches of food safety lie in introduction of artificial or hazardous substances in food products or a food handler preparing food without washing their hands property. Although statistics are hard to get in Bangladesh, it is estimated that millions suffer from a food related illness each year, many of which are not reported. Only deaths due to food poisoning are covered in media.
The cases of food poisoning can occur with a wide range of foods whether it is manufactured, prepared, take-away or in restaurant. The risk of food poisoning can be virtually eliminated if the food is properly prepared, handled, protected from contamination, stored correctly and re-heated to the correct temperature.
Street-foods
Street foods are an important source and way of life in cities. The street vendors, although a possible source of food poisoning outbreaks, are a necessary part of modern urban life. Street vendors in road corners generally offer foods at a cheap price, affordable to poor ( rickshaw pullers and others who do manual jobs). The lack of control of authorities and the vendors' lack of knowledge about safe food may often result in potentially dangerous health risks to consumers
One study in Malaysia found that consumers face problems at street vendors' food products: (i) no safe water for drinking, (ii) personal hygiene of street vendors, (iii) non-permitted use of food additives or substances, colour in the food product, and (iv) lack of knowledge of food safety requirements.
Food businesses
Food businesses must do all they can to make sure that people on their premises do not contaminate food. This includes food handlers but also other people who visit the premises. In areas where food is exposed, such as the kitchen, practical steps must be taken including restricting people who are not food handlers and maintenance of personal hygiene.
Furthermore, the ingredient for food must be genuine, fresh from market and no adulteration of oil or any other toxic substance introduced in food products. Skills and knowledge for businesspeople on food safety are imperative. Staff and their supervisors must know about issues associated with food safety and safe food handling practices.
In some countries detailed and exhaustive guidelines are there for restaurants as to how to handle food safety. There are institutes who provide training and information on food safety to food handlers.
International action on food safety
The 1996 World Food Summit Rome Declaration reaffirms the right of everyone to have access to safe and nutritious food. The World Food Summit Plan of Action recognizes that : " Food security exists when all people have sufficient and safe food to meet their needs."
The WHO (World Health Organisation) Assembly in 2000 adopted a resolution calling upon WHO and its member-states (Bangladesh included) to recognize food safety systems for the reduction of health risk along the entire food chain. WHO has a continuing commitment to the fundamental principle that ensuring food safety is an essential activity and an integral part of any public health programme.
FAO ( Food and Agriculture Organisation) has always given high priority to programmes and activities dealing with food quality, safety, and consumer protection. On many occasions, FAO and WHO member-countries expressed their desire for a forum to be held where they could exchange information and experiences on food safety issues that are critical importance to consumers.
Bangladesh and food safety laws
Article 15 of the Bangladesh Constitution states that it shall be a fundamental responsibility of the State to secure provision of the basic necessities of life, including food. Article 18 of the Constitution states that the State shall raise the level of nutrition and improve public health as among its primary duties. Both the Articles imply food safety requirements for consumers and the State must ensure through enactment of appropriate laws.
The current law is Pure Food Ordinance of 1959. Sections 273-274 of the Bangladesh Penal Code make adulteration of food products a minor crime. One of the laws BSTI-Act of 2003 carries a punishment of one lakh Taka (100,000 taka). This is a meager amount compared to their profits earned by adulteration in present days. It is often reported that amount of small fine does not deter the perpetrators from adulterating food product. The City Corporation Act has not any tangible effect because of lenient penalty.
It is commendable to note that mobile courts are in patrol to stop food adulteration and punish perpetrators. It is reported that mobile courts under two magistrates have imposed fine more than one million (ten lac) Taka and sentenced nearly 200 persons to imprisonment ( maximum sentence is six months under current laws).
Action suggested
The food adulteration offence needs to be strengthened with heavy penalties, such as 50lacs to one crore fine depending on the severity of the offence and fine and imprisonment for several years. Furthermore A Consumer Protection Act needs to be in place wherein food safety standards are to be enumerated in the schedule of the Act.
Bangladesh authorities need adequate infrastructures including laboratory services for inspectors. Strengthening infrastructures includes getting adequate trained personnel and expertise as well.
Degradation of environment and source of food
There is also broader picture with regard to safety of food in Bangladesh. All the lakes and rivers in and around Dhaka are reportedly being contaminated by pollutants including industrial and human wastes. If some one looks at the Gulshan lake, one may easily find that fish are dying, floating on top of the lake because of high level of toxins. Fish- meal therefore from polluted lakes and rivers poses a great health risk for consumers.
Another concern is whether arsenic water is used for irrigation of producing vegetables in the country. The vegetables may retain some trace of arsenic component in fresh vegetables as well. This means that the best protection of consumers is to make informed choices and lessen the chances of exposure to potential toxins by eating polluted fish and arsenic-laced vegetables.
Conclusion
Developing countries suffer from the problem of food safety. Often food safety is connected with the level of economic development and prosperity. So long majority of people of Bangladesh is poor, food safety is not their priority. However, governments have constitutional obligations to ensure food safety to its people and punish perpetrators with fines or imprisonment that may prevent them from adulteration of food.
Strengthening of infrastructures ensuring food safety is never static. It is an on-going process to ensure food safety for consumers. Accordingly institutions and laws need constant upgrading to meet the needs of time.
The author is former Bangladesh Ambassador to the UN, Geneva.
