The Food and Drugs Authority (FDA), has indicated it confirmed the wholesomeness of a consignment of the rice, which has now been tagged as expired, and gave the assurance that it was wholesome before it was released for distribution.
Consequently, to address the current brouhaha, “FDA is open to audits by qualified local or international bodies to validate all its actions. We remain steadfast in our commitment to ensuring food safety and protecting public health,” the Authority stated.
“The FDA’s reputation for excellence is backed by ISO certification and the largest ISO-accredited laboratory scope in Africa. The FDA also tirelessly followed up on the long dormant national food safety policy ensuring its successful launch. It also acts as the secretariat to the `national food safety emergency response plan FoSERP,” the Authority intimated.
Giving a blow-by-blow account of the circumstances under which the scandal broke, at a news conference yesterday, the FDA’s Chief Executive Officer, Dr Delese Mimi Darko, said that all approvals granted were in strict adherence to regulatory standards and best practices.
She said on 4th December 2023, Lamens Investments Africa Limited applied to the Food and Drugs Authority (FDA) for a shelf-life extension of a consignment of Moshosho white Doubled Sortex Indian Rice 25% Broken, referencing a CSIR/FRI report (dated November 27, 2023) that indicated that the product met quality specifications. However, on December 15, 2023, the request was not granted due to the fact that the request came from the importer (rather than the manufacturer), and the certificates attached to the request was assigned a product EXPIRY of December 2025.
On December 20, 2023, according to Dr Delese Mimi Darko, the FDA Kumasi office received reports of repackaging of rice in a NAFCO Warehouse. The FDA Officers, accompanied by Officers of the Police Service, Kumasi, inspected the facility, which was previously locked by the Police, confirmed the repackaging activity, and re-sealed the premises.
Subsequently, an administrative fine of GH¢100,000 was imposed on the importer for the repackaging contrary to the provisions of the Public Health Act, 2012 (Act 851).
Following submission of the preliminary investigation report by the FDA Kumasi Office to the Head Office, it was realised that the product in question had Best Before End date of December 2023 and not an Expiry Date as contained the initial submission with analytical report from CSIR.
Based on the above, the FDA reviewed its response to the Importer’s letter dated December 4, 2023 and communicated the following to the importer:
- That shelf-life extensions must be align with the manufacturer’s guidelines.
- The CSIR/FRI report lacked critical tests for moisture and mould.
FDA enforcement department as is practice was also tasked to sample for subsequent confirmatory analysis.
The FDA acknowledged that the importer made a part payment of the fine on January 3, 2024, alongside a commitment to settle the remaining balance. It is important to emphasize that accepting part payment does not in any way undermine the FDA’s regulatory mandate. Instead, it allows enforcement actions to continue without delay while ensuring compliance with outstanding obligations. The FDA’s Legal Department actively follows up on all unpaid fines.
From December 20, 2023, to January 24, 2024, the warehouse remained sealed, with periodic opening for cleaning and ventilation under joint supervision by the FDA and the Ghana Police Service.
The manufacturer, Satyam Balajee Rice Ind Pvt Ltd., India (through Lamens) submitted a letter dated 21st December 2023 confirming that the product if properly stored (dry conditions; regularly fumigated) can be consumed within 3 years i.e., one-year extension of the BBE date to December 2024. This was accompanied by a document from Bureau Veritas India a certification company, confirming the manufacturer’s assertion.
Based on the above, the FDA CLSR did a thorough review of the analytical report from CSIR/FRI, and the FDA’s own confirmatory analytical report, of samples of submitted by its Enforcement Directorate (confirmed that the rice was wholesome at the time of the analysis).
The Authority then granted a provisional extension until April 30, 2024, (not December 2024 as requested by the manufacturer) subject to repeat of all the analysis considered before a further re-extension will be considered for possible approval.
Subsequent storage compliance inspections by the FDA Kumasi identified a damaged bag of rice, with the presence of some weevils. The importer’s attention was drawn to this by officers.
The importer in a letter dated 22nd January 2024, invited MOFA’s Plant Protection and Regulatory Services Directorate (PPRSD) to assess and determine a possible fumigation. The PPRSD in a letter dated 6th February 2024, indicated that the level of infestation was low and that no pesticides/fumigation were needed.
To confirm this had not adversely affected quality, Samples were again sent to the FDA lab which issued a report dated 6th February 2024. This was reviewed with a supplementary report received from CSIR on moisture, Moulds and yeast
The FDA, the CEO said, follows international best practices for food safety, including:
- Use By Dates: Indicate safety. Foods must not be consumed past this date.
- Expiry Dates: Indicate both safety and quality. Expired foods are unsafe and should be disposed of.
- Best Before End (BBE) Dates: Relate to quality, not safety. Foods may lose flavour or texture but remain safe if stored correctly.
The Authority may use globally accepted regulated extensions of Best Before Dates following rigorous testing and compliance with storage requirements, in line with international best practices.
The FDA also wishes to assure the public that it confirmed the wholesomeness of the consignment of the rice in question and gives the assurance that it was wholesome before it was released for distribution.
“The Authority wishes to reiterate the fact that it is committed to ensuring the safety and quality of food products on the market, and in that regard, it has carried out safe disposals of consignments of food, including rice, whose safety and quality could not be assured or guaranteed,” the Authority noted.
