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Kathmandu,Tuesday May 30, 2000 Jestha 17, 2057.
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Food-related cases need
procedural simplification
By Bhaskar Sharma
KATHMANDU, May 29 - If food-related cases and
issues are to be resolved immediately, procedural aspects related with the preparation and
filing of such cases has to be shortened.
Considering the procedural aspects of all cases
being practised especially in the government offices, and bearing in mind the number of
undecided cases, pending with the courts of the country, it is imperative to strengthening
and empowering the entire system for effective and timely dispensation of justice.
Cases related to the adulteration of food or the
malpractice of manufacturing substandard food items need to be solved at the earliest.
The number of cases settled is fewer than the cases
being investigated and the lengthy procedures for the settlement of such cases is well
reflected in bodies involved in maintaining and ensuring the rights of the consumers.
Employees at the Central Food Research and
Laboratory (CFRL) complain that lack of enough power to the institution is the reason for
ineffective settlement of food-related issues. The jurisdiction of CFRL is confined to
only investigations and filing of cases.
Even making investigations and filing such cases
with the court involves a very lengthy process which takes not only months but also years.
A decade ago, food-related cases could be directly
filed on the basis of laboratory reports against the manufacturers or firms involved in
violating the food standard set by the government.
On top of the lengthy procedures involved, it
appears natural for the already over-burdened district administration offices to decide
upon the food-related cases or cases relating to food adulteration, with much delay.
"The procedures involved in the preparation
and filing of the case is extremely long. It is necessary to shorten it," says Tika
Bahadur Karki, Director General of CFRL, talking to The Kathmandu Post.
Concerned officials have suggested that the
government should either set up a separate entity or empower CFRL to ensure prompt
settlement of food-related issues. The appointment of a legal advisor to the laboratory
can surely help in imparting justice timely by settling cases on time.
The important role to be played by Central Food
Research Laboratory for providing safe and healthy food items to the consumers need not be
exaggerated. Especially in the context of Nepal’s accession to the World Trade
Organization (WTO) and the resulting entry of food-related industries in the country will
certainly magnify the role of the CFRL. "Nepal’s accession to WTO regime, and
the resulting free flow of food items goods into the country, precipitates the necessity
to strengthen CFRL, whose scope and responsibility then would be much wider," says
Karki.
If an institution to guard and monitor the quality
of edible items is not strong, chances of dumping substandard products unfit for or
harmful to human consumption abroad cannot be ruled out.
In order to strengthen the CFRL, the Food Act has
to be amended. For instance, a ten-day notice is required for cases relating to the
possession of illegal arms and weapons whereas food-related cases are given a 30-day
notice. If the time could be reduced, cases could be filed soon.
Moreover, if food cases are included into the
Summary Trial Group, justice could be delivered timely. CFRL has recently filed cases with
the district administration office Kathmandu against 22 business firms and enterprises,
allegedly involved in the adulteration of food items.
Case is filed against one mustard oil industry,
three spices industries, one food industry, nine businessmen, seven dairy firms and one
ghee manufacturer.
CFRL had initiated investigations against 94 firms
suspected of malpractices in January this year. Investigation against thirty eight firms
was completed and the collected food samples was sent to the respective regional food
research laboratories. Explanation was demanded from seven firms and the laboratory is
readying the case to file with the local administration office.
However, even months after the initiation of the
investigations, the process has not made headway with 28 firms, which has simply exchanged
letters only.
Thus is the condition of our food quality ensuring
body.
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