In Bangladesh, there are so many existing laws related to food. According to the Food Safety Ordinance 2005, of all types of toxic chemical elements (such as calcium carbide, formalin, itephana, pesticides) banned use of food. By studying in depth on the adulterated foods in Bangladesh, many finding are identified which are summarized below:
a) Lack of sustained and appropriate implementation by credible authority.
b) Ill-mentality of gaining super profits at any cost.
c) Only 8 countries among 160 parties of the International Covenant on Economic (ICE), Social and Cultural Rights (SCR) ratified the Optional Protocol to the ICESCR and Bangladesh is not one of them.
d) Compromising attitude of consumers.
e) Lack of integration between the Bangladesh Pure Food (Amendment) Act 2005 and BSTI law results in punishment of manufacturers and retailers for products certified by the BSTI which creates conflict and confusion regarding role and power of the stakeholders.32
f) Weak coordination among activities like plant quarantine, food control, standards, enforcement and labs.
g) Weak Consumer public awareness programs.
h) Compliance high-cost.
i) Financial resource constraints.
j) Lack of Technology Improvement Research.
k) Poor knowledge of standards, laws/regulations among the producers and consumers.
l) Weak food inspection and enforcement services.
m) BSTI authority claims that they do not have enough manpower to carry out the job to control food safety in the industry.
n) Multiplicity of Laws. As a minimum 15 laws (excluding the common law provisions) govern the current legal framework of food safety in Bangladesh, which are expected to be coordinated by the Safe Food Act, 2013.
o) The lack of coordination areas of responsibility among the multi-sectoral agencies dealing with food safety is one of the reasons for the failure of whole food safety arrangement in Bangladesh as it results severe complexity which is expected to be coordinated by Bangladesh Food Safety Authority proposed in the approved Safe Food Act, 2013.
p) Political influence and corruption of government officials.
q) Only a few laboratories in Bangladesh are well equipped and well maintained. Often they suffer shortages of maintenance budget, inadequacy of technological resources, lack of coordination in procedures or methods of testing.
11. Positive Initiatives It is hard to eradicate food adulteration from a third world country like Bangladesh. Nonetheless, to ameliorate the worsening conditions of adulterated food in Bangladesh, the following recommendations are suggested: The consumers must give up the Compromising attitude towards food adulteration. Implementation strategies of laws must be outlined clearly for a better enforcement regime so that all instances of non-compliance can be easily identified and action taken promptly by the proper authority. Pure food Courts being the Courts of original jurisdiction, only deal with the Pure Food Ordinance. Every Pure Food Court must be given power take cognizance and dispose any complaint under all the food related laws of land. Thus it will be a single forum to deal with all related matters or laws of food sector. Good governance must be established to ensure safe and hygienic food for consumer. Class I magistrates or sessions judges will be placed in each court, with power to follow the procedure of summary trial as prescribed in the Code of Criminal Procedures. Massive awareness program should be taken to enhance civic knowledge and to cooperate with mobile court. Government must take the Pure Food Ordinance as the only governing law of the food sector in real essence. BSTI’s interference in setting standard or procuring parallel certificate of standard of food in breach of the Pure Food Ordinance must be stopped. The Food Safety Act, 2013, concerned rules of the Act and Formalin control Laws should be made operative as early as possible. Government must ensure transparency and accountability in inspection procedure, analysis of food and prosecution method. Offenders must be prosecuted indiscriminate to any consideration.
Credible laboratory services for food analysis and risk based food inspection system to be in place. Well-equipped laboratories for every kind of food analysis such as- tests for formalin, carbide, DDT, preservative and color check, with skilled personnel’s must be established in each district all over Bangladesh. Power of cancellation of the trade license or to make such recommendation to the concerned authority for persistent offenders (the owners of the companies) should be given to the Pure Food Courts. Awarding exemplary punishment to those who contaminate food items with formalin and other toxic chemicals the penalties need to include rigorous imprisonment for long periods and relatively heavy fines. Even life sentences should be considered in cases weighing the consequences of the offences on victims. Carriage of food especially fruits, fresh vegetables, milk, fish etc should be given preference at the time of transportation as if those can reach the destination without delay. Then it will be no more required to add preservative, formalin, DDT etc to increase the life shell of that food. Appropriate laws should be adopted and implemented effectively and obstacles in its way should be removed as far as possible. Proper training containing manuals, materials and practical demonstration should be arranged for farmers, food processors, government regulators, policy-makers, vendors and other persons involved in the system for compliance. National parliaments should be encouraged to work towards the adoption of framework laws that establish a participatory mechanism aimed at the adoption of a national strategy for the realization of the right to food. The government and regulatory bodies must be driven by professional obligations not by media propaganda. Above all primary and secondary school textbooks, education and awareness of issues relating to adulteration may be included. They should be interested in the study of ethics. Mina popular cartoon or other school-going children, ranging from the cartoon may be trying to spread awareness. 12. Conclusion The people of Bangladesh have legitimate expectation to get the food free from adulteration as per constitutional right. This is the responsibility of the state apparatus to ensure that for the common people. Food adulteration can be substantially combat by the legal paradigm presently have with few renovations of law. It is very important, how these laws are being implemented by the state. No more hyperactive drives without following the spirit of law by the Mobile Courts are expected, because judicially established Courts are there to act under the protocol of law. The manufacturers and producers should not hanker after money by the way of delivering adulterated food to the innocent people. Let us live and let others live on food free from adulteration of any kind. As Virginia Wolf, famous English writer said while describing food as medicine.
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