FDA restores BMC headquarters canteen licence after 19 of the 22 lapses rectified

MUMBAI: The Food and Drug Administration (FDA) has revoked the suspension of the food licence of the canteen at the BMC headquarters Annexe building, nearly a month after it was shut down for 22 food-safety and hygiene-related non-compliances, including a fly being found in a glass of buttermilk

MUMBAI: The Food and Drug Administration (FDA) has revoked the suspension of the food licence of the canteen at the BMC headquarters Annexe building, nearly a month after it was shut down for 22 food-safety and hygiene-related non-compliances, including a fly being found in a glass of buttermilk.

The FDA revoked the suspension after the canteen operator, Kamal Caterers, demonstrated substantial compliance with the deficiencies flagged during inspections. While a re-verification on August 2 found that 12 of the 22 deficiencies were still pending, a subsequent inspection on August 13 found that only three remained. These three were related to the retention of documents and records under the licence conditions.

The FDA also recorded that deficiencies concerning pest control, cleaning, personal hygiene and staff training had been rectified. Following a hearing with the canteen management and submission of compliance documents, the FDA decided to restore the food licence.

The licence had been suspended on July 22 under the Food Safety and Standards Act, 2006, following inspections carried out after an improvement notice was issued to the canteen on June 9.

The initial inspections had found a range of lapses, including fly infestation in the kitchen, poor hygiene in food-handling areas, improper maintenance of equipment and faulty temperature control. The canteen had also failed to maintain hygiene logs and lacked medical fitness and FoSTaC training certificates for its staff. Food-safety audit records and other mandatory statutory documents were also found to be missing.

The suspension had halted operations at the canteen, which is used daily by hundreds of BMC officials and employees, police personnel, corporators and visitors.

Acting joint commissioner (food) of the FDA Santosh Kamble said the decision followed the canteen management’s compliance with the deficiencies pointed out by the department. “The FDA had conducted a hearing for the BMC canteen management. They also submitted their compliances on issues raised by the FDA including lack of hygiene on their premises. There were also related issues like lack of pest control, which they subsequently complied and hence, their food licence was restored,” Kamble said.

Kamal Caterers has been operating the canteen under an 11-month contract that runs until November. With the suspension revoked, the canteen is now permitted to resume operations, subject to continued compliance with applicable food-safety conditions.

Senior officials said the canteen is expected to reopen by Monday, as the operator would require some time to complete preparations before restarting services.

What stands out in this order is the commissioner’s willingness to assess the matter on the basis of the subsequent compliance demonstrated by the establishment, rather than viewing the matter only through the lens of the initial inspection. The reinspection recorded substantial compliance, and the authority has taken note of the material placed before it and the corrective measures demonstrated by the Appellant. In my view, effective food-safety regulation is at its strongest when strict statutory standards are accompanied by an equally objective and fair assessment of compliance,” said advocate Dhruv Thakker, counsel for the appellant.