Formalin

1.Governmental response by imposing Anti- formalin act: The government is set to ban or restrict import of formalin into the country due to widespread use of the chemical in fruits posing a serious threat to human health. If a person uses any equipment for producing this chemical substance without a license can be sentenced to suffer up to ten years of jail or a fine of taka 0.5 million or both. If anyone holding a formalin license fails to abide by any condition laid down in the license, the person could be convicted and sentenced to suffer a maximum jail terms of seven years. The Hazard Analysis Critical Control Point (HACCP) code which deals with maintaining microbial quality control should also be introduced to protect adulteration.

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There are at present 15 laws to regulate safe food delivery to the consumers.
BSTI said they are conducting a plenty of mobile court drives against food adulterators across the country, including the capital. To expand the ongoing drive against chemical-laced food products, BSTI says that they will increase the number of chemicals detection machines. They are carrying out a countrywide campaign to raise public awareness against food adulteration. Besides, Dhaka Metropolitan Police (DMP) is detecting chemicals in foodstuffs, including fruits, through setting up check posts at eight entry points around the capital. They are taking actions, including cancellation of relevant licenses under their jurisdiction. Dhaka Metropolitan Police (DMP) Commissioner Benzir Ahmed categorically said they would file attempt to murder cases against those involved in mixing formalin in the food items.
Mobile court is playing a great role regarding the eradication of formalin contaminated fruits. Mobile courts, under the Consumers Rights Protection Law, have fined some 2,833 institutions Tk over 1.23 crore from 2009 to till date. During the time, 17 people have been sentenced to different terms for their involvement in food adulteration.

3. Role of Civil Society and Media: People should be more aware of this horrid enemy of the society. They should avoid the acknowledged formalin contaminated fruits at any cost. There are several citizen groups that have shown an interest in food adulteration, including the Consumers’ Association of Bangladesh and Bangladesh Poribesh Andolon (BAPA). Citizens also have a role to play in reporting suspected formalin use to the Consumer Rights Protection Department.
At the same time, it is the duty of the media to make the civil society aware of the problem they are facing. Print media, electronic media and social media people should not succumb to yellow jounalism and publish articles to make pepole conscious of the problem and keep up with the happenings regarding this issue.

4.Structural solutions: While government regulation, BSTI, media and civil society oversight can be marshaled to help address the problem, it is important to take a step back and consider why the food adulteration occurs in the first place. Only punishment and destruction of food will increase corruption and national loss and businesspersons and farmers will feel discouraged in their production and economic activities. The problem will not completely be solved until there are improvements in the food supply chain – particularly the development of low cost cold storage -- to maintain the freshness of perishable goods without the use of chemicals. Also the consumers have to be willing to pay a little extra to ensure formalin and other chemicals-free fruits for themselves.

5.Legal and Regulatory Framework: From the evidences it may be sated that in Bangladesh food safety rules and regulation not enough to deal with the problem. Now, the country is in difficult situation with chemical hazard in food stuff. Bangladesh authorities should develop: (a) adequate infrastructures including laboratory services for inspector; (b) as well as public awareness in order to manage the situation. However, strengthening infrastructures should include getting adequate trained personnel and expertise as well as tough enforcement. The existing food safety legal and regulatory regime of Bangladesh is governed by copious enactments and governmental bodies. More than dozen of laws deal with the food safety affairs excluding the common law provisions. The following ‘Table 1’ will demonstrate an overview of the legal framework of food safety of Bangladesh regarding the formalin problem. The laws referred in ‘Table 1’ are implemented by several ministries and their subordinate bodies.

Current Legal Framework of Food Safety in Bangladesh

1. Penal Code, 1860 (‘PC 1860’)
2. Control of Essential Commodities Act, 1956 (‘CECA
1956’)
3. Food (Special Courts) Act, 1956 (‘FA 1956’)
4. Pure Food Ordinance, 1959 (‘PFO 1959’)
5. Cantonments Pure Food Act, 1966 (‘CPFA 1966’)
6. Special Powers Act, 1974 (‘SPA 1974’)
7. Bangladesh Standards and Testing Institution
Ordinance 1985 (‘BSTIO 1985’)
8. Vokta Odhikar Songrokkhon Ain, 2009 [Consumers
Rights Protection Act 2009] [author’s translation]
(‘CRPA 2009’)
9. Mobile Court Act , 2009 [Mobile Court Act, 2009]
[author’s translation] (‘MCA 2009’)

Table 1