Lok Sabha Question No. 4386 (UNSTARRED), answered on 2019-07-19
Subject: Adulteration in Milk
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Rameshbhai Lavjibhai Dhaduk

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 4386 TO BE ANSWERED ON 19 TH JULY, 2019

## ADULTERATION IN MILK

## 4386. SHRI RAMESHBHAI LAVJIBHAI DHADUK:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a) the action taken till date to check adulteration in milk and to penalise the crimina in it by Food Safety and Standards Authority of India (FSSAI) on the instruction of Hon'ble Supreme Court, State/UT - wise; and

(b) the details of action taken to implement the quality/norms of imported food articles items strictly by FSSAI?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI ASHWINI KUMAR CHOUBEY)

(a) : Incompliance of directions given by the Hon'ble Supreme Court of India vide its Order dated 05.08.2016 in the matter of WP (C) No.159 of 2012 titled as Swami Achyutanand Tir &Ors. v/s Union of India & Ors. pertaining to checki ng the menace of adulterated milk, Food Safety and Standards Authority of India has advised States/UTs to comply with the direct Hon'ble Supreme Court of India.

Further, FSSAI has carried out a Nationwide Qualitative Screening of milk samples on- spot qualitative and quantitative analysis of milk samples for quality parameters vi Solid  not  Fat  (SNF),  added  water,  protein  content  and  safety  parameters  viz .  13  adulterants, antibiotics, pesticides and aflatoxin M1.

The survey was initiated in May, 2018 with a sample size   of   6432 samples taken 1100    towns    across  all  29  States  and  7  Union  Territories    for  qualitative  and  quan analysis. Scope of National Milk Quality Survey(NMQS) 2018 covered 2 quality parameters (Fat &  SNF),  12  common  adulterants;  and  4  contaminants  (antibiotics,  pesticides,  aflatoxin Aluminium Phosphate). Of the total   6432 samples, 41% (2607) were of processed milk a remaining 59% (3825) were of raw milk. Of the processed milk, 60% were toned milk, 20% fu -cream milk, 15% standard milk and 5% double toned milk. Of the raw milk, one third each w samples  of  cow,  buffalo  and  mixed  milk.  All  the  6432  samples  were  coll ected  and  analysed qualitatively  immediately  onsite  in  mobile  vans  and  nearly  one - third  of  the  samples  that indicated possible adulteration or contamination for safety parameters were sent to the l and analysed quantitatively.

As per the report r eleased in November, 2018, about 39% of milk samples were non -compliant with reference to quality parameters [fat, Solid not - fat (SNF), sugar and maltodextrin] but were without any safety issues.   9.9% samples were found to be unsafe for consumptio t o  presence  of  harmful  contaminants  in  excess  of  specified  limits  coming  mainly  from quality of feed, irresponsible use of antibiotics and poor farm practices.

As  implementation  and  enforcement  of  FSS  Act,  2006  primarily  lies  with  State/U Governments,  r egular  surveillance,  monitoring  and  inspection are  being  carried  out  by  the Officials of Food Safety Departments of the respective States/ UTs to check compliance provisions laid down under Food Safety and Standards Act, 2006, and the rules and r egulations made thereunder.

Accordingly, in order to ensure the availability of good quality foodstuffs including and milk products to the consumers and for keeping a check on the problems of food adulter in the country, the state food authoritie s have been advised from time to time to keep a strict vig by regularly drawing food samples from all sources viz. manufacturers, wholesalers and re and to take strict action against the offenders under the provisions of FSS Act, 2006. In cases wh ere samples are found to be non - conforming to the provisions of FSS Act, 2006, and Rules and regulations made thereunder, penal action has been initiated against the defaulting per the provisions of FSS Act, 2006, and Rules and Regulations made the reunder.

With regards to imported food products, import of only standardized food products o food products which are approved by Food Authority is allowed.

As per information received from State/UT Governments, the number of milk samples analyzed, fou nd non - conforming and action taken thereon for the year 2017 - 18 and 2018 - 19 is at Annexure - I and Annexure - II .

(b) : FSSAI is present at six Ports viz. Chennai, Mumbai, Kolkata, Delhi, Kochi and Tutic covering 20 points of entry for    checking comp l ance of   imported food with the standards specified by FSSAI under Food Safety and Standards Act, 2006 and Rules and Regulations ma thereunder. . The food articles when referred to FSSAI's Food Import Clearance System (FICS) for  clearance  by  the  Custo ms  Authorities  are  subjected  to  scrutiny  of  documents,  Visual inspection, sampling and testing in order to determine whether or not they conform to th and  minimum  quality  standards  established  and  laid  down  under  various  Food  Safety  a Standards R egulations. If sample is found conforming, then No Objection Certificate (NOC) is generated and if not conforming, then Non - Conforming Report (NCR) is generated. Further, risk based  sampling  called  Risk  Management  System  (RMS)  is  in  operation  at  Customs Single Window Interface for Facilitating Trade (SWIFT). Therefore, selected Bills of Entry are r to FSSAI's FICS system from Customs for clearance.

There  are  another  396  locations  throughout  the  country  where  Customs  officers  ha been  notified  as  Au thorised  Officers  by  FSSAI  for  food  import  clearance  to  ensure  that  t imported food comply with norms and standards specified by FSSAI.

It is also mentioned that on the recommendation of FSSAI,   Ministry of Commerce a Industry vide Notification dated 23 rd April, 2019 have extended the ban on import of milk and milk  products  including  chocolates  and  chocolate  products  and  candies/confectionary/ preparations  with  milk  &  milk  solids  as  ingredients  from  China  until  the  capacity laboratories at ports of entry have been suitably upgraded for testing melamine.

## Annexure-I

| Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   | Annual Public Laboratory Testing Report for Milk for the year 2017-18   |
|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|
| State                                                                   | No. of Samples Analyzed                                                 | No. of Samples found Adult. & Misbranded                                | No. of Cases Launched                                                   | No. of Cases Launched                                                   | No. of Convictions / Penalties                                          | No. of Convictions / Penalties                                          | No. of Convictions / Penalties                                          |
|                                                                         |                                                                         |                                                                         | Criminal                                                                | Civil                                                                   | Convictions                                                             | Penalties/ no.                                                          | penalties amount                                                        |
| A & N Islands                                                           | 76                                                                      | 44                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Andhra Pradesh                                                          | 171                                                                     | 18                                                                      | 03                                                                      | 09                                                                      | 09                                                                      | 07                                                                      | 285000                                                                  |
| Arunachal                                                               | 12                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Pradesh Assam                                                           | 63                                                                      | 08                                                                      | 0                                                                       | 03                                                                      | 02                                                                      | 02                                                                      | 12,000                                                                  |
| Bihar                                                                   | 125                                                                     | -                                                                       | -                                                                       | -                                                                       | -                                                                       |                                                                         |                                                                         |
| Chandigarh                                                              | 10                                                                      | 03                                                                      | 0                                                                       | 02                                                                      | -                                                                       | -                                                                       | 10,000                                                                  |
| Chhattisgarh                                                            | 41                                                                      | 12                                                                      | 0                                                                       | 03                                                                      |                                                                         | 01                                                                      | 15,000                                                                  |
| Dadra & N.H                                                             | 21                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Daman & Diu                                                             | 03                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Goa                                                                     | 119                                                                     | 0                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Gujarat                                                                 | 548                                                                     | 75                                                                      | 02                                                                      | 43                                                                      | 42                                                                      | 42                                                                      | 11,28,500                                                               |
| Haryana                                                                 | 123                                                                     | 21                                                                      | -                                                                       | 25                                                                      | -                                                                       | 31                                                                      | 2,65,500                                                                |
| Himachal                                                                | 08                                                                      | 03                                                                      | 01                                                                      | 01                                                                      | 0                                                                       | 02                                                                      | 45,000                                                                  |
| Pradesh Jammu & Kashmir                                                 | 518                                                                     | 228                                                                     |                                                                         | 220                                                                     | 82                                                                      | 149                                                                     | 8,78,400                                                                |
| Jharkhand                                                               | 07                                                                      | 04                                                                      | --                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Karnataka                                                               | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       |
| Kerala                                                                  | 153                                                                     | 15                                                                      |                                                                         | 16                                                                      | 7                                                                       | 8                                                                       | 1,57,000                                                                |
| Lakshadweep                                                             | NIL                                                                     | NIL                                                                     | NIL                                                                     | NIL                                                                     | NIL                                                                     | NIL                                                                     | NIL                                                                     |
| Maharashtra                                                             | 2,030                                                                   | 311                                                                     | 0                                                                       | 145                                                                     | 20                                                                      | 49                                                                      | 5,60,000                                                                |
| Manipur                                                                 | 102                                                                     | 26                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Meghalaya                                                               | 25                                                                      | -                                                                       | --                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Nagaland                                                                | 24                                                                      | 18                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Odisha                                                                  | 08                                                                      | 03                                                                      |                                                                         |                                                                         | -                                                                       | -                                                                       | -                                                                       |
| Puducherry                                                              | 164                                                                     | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Punjab                                                                  | 1420                                                                    | 485                                                                     | 01                                                                      | 175                                                                     | 02                                                                      | 112                                                                     | 6,24,150                                                                |
| Rajasthan                                                               | 559                                                                     | 85                                                                      | 19                                                                      | 25                                                                      | 0                                                                       | 23                                                                      | 38,000                                                                  |
| Sikkim*                                                                 | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Tamil Nadu                                                              | 393                                                                     | 101                                                                     | 07                                                                      | 63                                                                      | 64                                                                      | 65                                                                      | 4,19,000                                                                |
| Tripura                                                                 | 08                                                                      | 02                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Uttar Pradesh                                                           | 5,042                                                                   | 2,631                                                                   | 05                                                                      | 2,000                                                                   | 778                                                                     | 1,078                                                                   | 25,965,000                                                              |
| Uttarakhand                                                             | 214                                                                     | 50                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| West Bengal                                                             | 11                                                                      | 07                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |

Source: States/UTs;

Source: States/UTs;

## Annexure-II

| Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   | Annual Public Laboratory Testing Report for Milk for the year 2018-19   |
|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------|
| State                                                                   | No. of Samples Analyzed                                                 | No. of Samples found Adult. & Misbranded                                | No. of Cases Launched                                                   | No. of Cases Launched                                                   | No. of Convictions / Penalties                                          | No. of Convictions / Penalties                                          | No. of Convictions / Penalties                                          |
|                                                                         |                                                                         |                                                                         | Criminal                                                                | Civil                                                                   | Convictions                                                             | Penalties/ no.                                                          | penalties amount                                                        |
| A & N Islands                                                           | 03                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Arunachal Pradesh                                                       | 18                                                                      | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       |
| Assam                                                                   | 58                                                                      | 13                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Chandigarh                                                              | 31                                                                      | 01                                                                      | 0                                                                       | 01                                                                      | 01                                                                      | 0                                                                       | 25000                                                                   |
| Chhattisgarh                                                            | 164                                                                     | 103                                                                     | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Dadra & N.H                                                             | 10                                                                      | 07                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Goa                                                                     | 88                                                                      | 01                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Gujarat                                                                 | 1160                                                                    | 118                                                                     | 01                                                                      | 63                                                                      | 41                                                                      | 80                                                                      | 1623000                                                                 |
| Haryana                                                                 | 164                                                                     | 25                                                                      | 01                                                                      | 27                                                                      | 0                                                                       | 21                                                                      | 349560                                                                  |
| Himachal Pradesh                                                        | 13                                                                      | 05                                                                      | 0                                                                       | 04                                                                      | 05                                                                      | 09                                                                      | 102000                                                                  |
| Jammu & Kashmir                                                         | 410                                                                     | 71                                                                      | 0                                                                       | 89                                                                      | 69                                                                      | 69                                                                      | 357600                                                                  |
| Jharkhand                                                               | 17                                                                      | 06                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Karnataka                                                               | 189                                                                     | 27                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Maharashtra                                                             | 741                                                                     | 175                                                                     | 01                                                                      | 119                                                                     | 17                                                                      | 32                                                                      | 798000                                                                  |
| Manipur                                                                 | 59                                                                      | 04                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Meghalaya                                                               | 10                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Nagaland                                                                | 03                                                                      | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       | 0                                                                       |
| Odisha                                                                  | 08                                                                      | 02                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Puducherry                                                              | 121                                                                     | 1                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |
| Tamil Nadu                                                              | 847                                                                     | 157                                                                     | 03                                                                      | 93                                                                      | 97                                                                      | 125                                                                     | 1494000                                                                 |
| Tripura                                                                 | 03                                                                      | 01                                                                      | -                                                                       | -                                                                       | -                                                                       | -                                                                       | -                                                                       |