The Maharashtra government has suspended four officials from the Food and Drug Administration (FDA), including two assistant commissioners, due to alleged procedural lapses in their enforcement actions against manufacturers and traders of flavoured and scented hookah tobacco products. This decision was reported by the Press Trust of India and was enacted under the Medical Education and Drugs Department, which oversees the FDA’s operations.

The officials suspended are D V Bhogawade, Assistant Commissioner (Food) in Pune; Y B Dahatonde, Assistant Commissioner (Food) in Nagpur; and food safety officers C R Swami and A Y Ilager, who were stationed in Pune, Nagpur, and Solapur, respectively. The suspensions were officially issued on Friday, and departmental inquiries have been initiated against all four individuals.

This action follows investigations into M/s SOEX India Pvt Ltd and M/s High Street Impex LLP regarding their flavoured and scented hookah tobacco products, which were labelled as not intended for consumption but rather for smoking through hookahs.

Allegations of Inadequate Examination and Documentation

The suspension orders highlighted several procedural shortcomings in how the officials managed these cases. Allegedly, they did not adequately determine whether the products fell under the definition of food as outlined in the Food Safety and Standards Act, 2006. Furthermore, they reportedly failed to ascertain whether the Food Safety and Standards Authority of India had jurisdiction over these products.

Additionally, the officials were accused of inadequately reviewing the classification, labelling, and intended use of the products, as well as their non-edible declarations and export-related information. The lack of thorough documentation regarding inspections, sample collection, and stock verification was also noted. Allegations included a failure to distinguish between finished products and raw materials, which could have implications for their classification as food or non-food items.

The government expressed concerns regarding the use of coercive measures by the officials without a proper legal basis, questioning whether such actions were proportionate or if less severe measures could have sufficed. In the case involving SOEX India, the order against Bhogawade specifically mentioned his failure to exercise due diligence in examining the relevant legal and factual aspects before taking action.

Departmental Inquiries and Future Implications

The Maharashtra government has mandated departmental inquiries against the four officials under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. The orders emphasised the necessity for officials to conduct thorough verification, seek appropriate legal opinions, and confirm the jurisdiction of the Food Safety and Standards Authority of India prior to undertaking similar enforcement actions in the future.

Moreover, the orders indicated that stringent measures would be taken against any officials found responsible for procedural violations. These suspensions and inquiries arise amidst ongoing proceedings in the Bombay High Court concerning the actions taken against the two companies, which include matters related to the release of seized goods and the reopening of their sealed factories.

In conclusion, the four FDA officials face suspension and departmental inquiries due to alleged failures in verifying the legal status, classification, and intended use of hookah tobacco products, as well as not adhering to proper procedures before initiating actions against the two companies involved.

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