FORMALIN IN VEGETABLES: A REGULATORY METHOD

ABSTRACT

Abuses of formalin in foods have become a great concern due to grim health hazard. In recent days, use of formalin has alarmingly increased in Bangladesh specifically in fishes, fruits and many other food items, exposing the large majority of the population to severe health risk.
The aim of this study was to shed light on formalin crime and also the situational analysis of formalin in vegetable in Bangladesh. The primary objective of this paper is highlighting the response of formalin users, community and government about the abuse of formalin in Bangladesh. The secondary objective of this paper is drawing successful strategies to make adulteration free food on the basis of the existing laws and strategies to curb the threading perils arranging healthy and safe life. The study was conducted mainly using data from secondary sources.

TABLE OF CONTENTS

TABLE OF CONTENT

ABSTRACT

TABLE OF CONTENTS

LITERATURE REVIEW

RESEARCH QUESTION

RESEARCH METHODOLOGY

LIMITATION OF THE RESEARCH

HYPOTHESIS

OBJECTS

CONCLUSION

CHAPTER 1: Introduction

1.1: Definition of Formalin

1.2: How Produce the Formalin

1.3: How Use This Formalin in Vegetables

1.4: Conclusion

CHAPTER 2: Legal Remedies of Formalin Crime in Bangladesh

2.1: Introduction

2.2: Safe Food Act 2013

2.3: Formalin Control Act 2015

2.4: Problem with this Current Law

2.5: Conclusion

  

CHAPTER 3: Right of Consumer

CHAPTER 4: Way to Solve This Problem

4.1: Introduction

4.2: Trick to Get Rid of Formalin

4.3: Discussion

4.4: Conclusion

LITERATURE REVIEW

Mechanism of natural fruit ripening

Natural fruit ripening is a combination of physiological, biochemical, and molecular processes[1]. It involves coordination of different metabolisms with activation and deactivation of various genes, which leads to changes in color, sugar content, acidity, texture, and aroma volatiles[2]. The change in color during the fruit ripening process is a result of unmasking of pigments by degradation of chlorophyll, synthesis of different types of anthocyanins and their accumulation in vacuoles, and accumulation of carotenoids. Production of complex mixture of volatile compounds, such as ocimene and myrcene, and degradation of bitter principles (diverse groups of plant constituents such as alkaloid and sesquiterpene are linked only by their bitter taste), flavonoids, tannins, and other related compounds enhance the flavor and aroma of the fruit. Sweetness increases because of increased gluconeogenesis (metabolic pathway that generates glucose), hydrolysis of polysaccharides, decreased acidity, and accumulation of sugars and organic acids. Furthermore, textural changes resulting in the softening of fruits occur due to enzyme-mitigated alteration in structure and composition of the cell wall[3]. Through the above changes, fruit becomes ripe with distinctive characteristics: sweet, colored, soft, and palatable.

Artificial fruit ripening and possible health hazards

Ethylene, a hormone naturally produced within fruit, regulates fruit ripening by initiating and/or controlling a series of chemical and biochemical activities[4]; the compound does so by coordinating the genes responsible for activities including increase in the rate of respiration, autocatalytic ethylene production, chlorophyll degradation, carotenoid synthesis alongside conversion of starch to sugar, increased activity of cell-wall-degrading enzymes, color change, texture, aroma, and flavor of the fruit[5]. Chemicals such as chemically synthesized ethylene, methyl jasmonate, calcium carbide, ethephon, and ethylene glycol can also be used to replicate this process artificially[6].

Among the widely used artificial ripening agents, ethylene and methyl jasmonate are reported as non-toxic for human consumption; however, they are relatively expensive. In many developing countries, low-cost chemicals such as calcium carbide, ethylene glycol, and ethephon are reported to be commonly used to artificially trigger the ripening process.

Upon application on fruits, calcium carbide comes into contact with moisture and releases acetylene gas, which has fruit ripening characteristics similar to ethylene. On the other hand, in the presence of moisture and at neutral pH, ethephon is decomposed into ethylene gas, biphosphate ion, and chloride ion. Individually, these chemicals can have adverse effects on human health[7]. Direct consumption of acetylene has been found to reduce oxygen supply to the brain and can further cause prolonged hypoxia. Calcium carbide is alkaline in nature and irritates the mucosal tissue in the abdominal region; cases of stomach disorder after eating carbide-ripened mangoes have also been reported. Because of the presence of impurities such as arsenic and phosphorus found in industrial grade calcium carbide, workers applying calcium carbide on fruits are likely to encounter serious health threats—dizziness, frequent thirst, irritation in mouth and nose, weakness, permanent skin damage difficulty in swallowing, vomiting, skin ulcer, and so forth. A generous consumption of ethylene glycol may cause kidney failure.

According to the Daily Star, Use of formalin, though we may have lost our concern about it, is not reduced in the seasonal fruits. Buying any seasonal fruit, like lychee and mango, will reveal the truth before you. It is not surprising that apples kept openly in your house may not be rotten even for several weeks.

There are talks available in the newspapers, TV talk shows and in social media. Most of the talks are prone to regard the increase of punishment, in a more severe form, a panacea for all such crimes. Even the Government's concern in addressing the issue had given the birth of new laws with harsh punishments. However, a cautious study about the food safety law in particular, jurisprudence in general, will lead a reasonable and understanding mind to believe that making laws more strict and increasing punishments i.e. reforming the laws or enacting new laws are not enough in making the violators obey the law.

We think that the use of formalin and other harmful chemicals in seasonal fruits can effectively be stopped through application of some regulatory techniques; first of all, if we think that the severe punishment can prevent crime then the use of formalin would have been stopped long before the problem is seriously felt. The Pure Food Ordinance of 1959 (recently repealed) had prohibited the use of formalin (section 6A) with the punishment of maximum three years imprisonment, a fine upto taka 2 lac and even shutting down the concerned Business institute (section 58). But the Act was not a successful instrument to control the use of formalin for too many years until its death in recent years[8].

Formalin is a cadaverous chemical of 37–50 percent aqueous solution of dissolved formaldehyde (CH2O) in water. It is flammable, highly reactive with many substances and readily polymerizing colorless gas at normal temperature and pressure. In air, it is readily broken down by sunlight, with a half-life of approximately 30-50 minutes (WHO 1999). But in liquid form, it is stable over time. Upon intraperitoneal, oral, or inhaler exposure, formalin quickly diffuses into many tissues, including the brain, testis, and liver. Formaldehyde is quickly absorbed from the gastrointestinal tract following ingestion and from the respiratory tract following inhalation which makes it a dangerous chemical to be used as preservative. However, it is inadequately absorbed following dermal contact. Its main routs of exposure in our environment are air (through occupational exposure like as formaldehyde and resin production), smoking (receiving about 0.38 mg/day), dermal exposure and also through water. Formalin can also be administered through food and drinking water naturally and artificially when used as food preservative. Annual production of this hazardous chemical varied from 6.4 to 8.1 billion pounds per years “between” 1991-1995 in the U.S. In addition to its abundant uses (such as pressed wood products, paper, textile fibers, adhesives and plastics, carpeting, foam insulation, cosmetics, nail hardeners, disinfectant, some finger paints, and some cleaning products) in our practical life, it is illegally used to preserve various kinds of food stuffs. It can prolong the shelf-life of food by protecting against deterioration caused by microorganisms. Some dishonest traders have used formalin in the perishable foods to prevent from its decay. Bangladesh is a tropical country with hot and humid weather which tends to quickly decay fruits, vegetables, fishes, meat and other perishable food materials. There are reports that, currently formalin is being used widely and illegally in fishes to keep it fresh, vegetables (tomato and cucumber), fruits (apple and grapes) milk, drinks, sweetmeat, ice-cream and spices (The Daily Star, Sunday, June 08, 2014).  In recent times though penalties (5 years imprisonment or Tk 5 lack or both for persons guilty of food adulteration), it seems not enough to control food adulteration in market (The Daily Star, Tuesday, September 10, 2013).

RESEARCH QUESTION

By reviewing of the relevant literature the present study aiming following questions:

1.      What is about the formalin crime in Bangladesh?

2.      How can it prevent from the country?

3.      What is the legal procedures to prevent this crime?

RESEARCH METHODOLOGY

The current study has followed analytical research methodology. This study conducted qualitative data from secondary data sources such as relevant books, journals, previous research work, article of daily newspapers and websites.

LIMITATION OF THE RESEARCH

The following limitations have been faced when the study was conducted:

·         Lack of relevant data sources

·         Lack of previous research work

·         Lack of experience on research work

·         Lack of time

HYPOTHESIS

After revealing relevant literature, the study has been conducted research hypothesis on preventive methods-

H1:      If Consumer Rights Protection implementing properly Formalin crime would be prevented.

H2 :     The Pure Food Ordinance of 1959 (recently repealed) had prohibited the use of formalin (section 6A) with the punishment of maximum three years imprisonment, a fine upto taka 2 lac and even shutting down the concerned Business institute (section 58). This act might be implemented properly to prevent formalin crime.

H3:      The Formalin Control Act 2015 might be implemented

OBJECTS

The objectives of the study have given below:

·         To know about the definition of formalin

·         To know about the harmful effect of formalin on human body

·         To know about the consumer protection act 2009

·         To know about the Pure Food Ordinance of 1959

·         To know about the Formalin Act 2015

  

CONCLUSION

Using Formalin in foods (fruits, fishes and vegetables etc.) turns into silent poison which harms our health and causes several fatal diseases. Despite having detrimental effects on human health; this imminent contingency has been come about with an alarming rate inducing great economical losses. Law cannot ensure the controlling measure; government will have to take adequate executive action to control the abuse of formalin as well as formalin crime. So, a collaborative action is badly needed by all the stakeholders to create awareness and enforcing laws to curb the peril arranging a safe and healthy life.

CHAPTER 1: Introduction

1.1: Definition of Formalin

According to Encyclopedia, an aqueous solution of formaldehyde that is 37 percent by weight, usually also containing 10 to 15 percent methanol to prevent polymerization of the formaldehyde.

Based on WordNet 3.0, a homogeneous mixture of two or more substances; frequently (but not necessarily) a liquid solution; "he used a solution of peroxide and water".

1.2: How Produce the Formalin

The commercial production of formaldehyde was first started in Germany in the 1880s but the development of a methanol synthesis route in the 1920s gave the spur to the development of large-scale manufacture. Today there are two main routes: oxidation-dehydrogenation using a silver catalyst involving either the complete or incomplete conversion of methanol; and the direct oxidation of methanol to formaldehyde using metal oxide catalysts (Formox process).

In the silver catalyst route, vapourised methanol with air and steam is passed over a thin bed of silver-crystal catalyst at about 650oC. Formaldehyde is formed by the dehydrogenation of methanol. The heat required for the endothermic reaction is obtained by burning hydrogen contained in the off-gas produced from the dehydrogenation reaction.

The other route involves the oxidation of methanol over a catalyst of molybdenum and iron oxide. A mixture of air and methanol is vapourised and passed into catalyst-packed reactor tubes. The reaction which takes place at 350oC is highly exothermic and generates heat to provide steam for turbines and process heating.

Perstorp offers a high pressure version of the Formox process which can be retrofitted to existing plants to boost capacity. The high conversion rate of the Perstorp process eliminates the need for methanol recovery via distillation and it can produce formaldehyde at concentrations up to 57%[9].

Yields from both processes are around 90% to 92% but the oxidation route has a lower reaction temperature and the metal catalyst is cheaper than silver. However, the partial oxidation-dehydrogenation route is still the most prevalent.

A wide range of alternative feedstocks have been considered but not found to be economic. For example, a tiny amount is produced from the non-catalytic oxidation of propane-butane mixtures. Formaldehyde can be produced from methane but a mixture of products needs to be separated. It is also a byproduct of the oxidation of naphtha to acetic acid.

1.3: How Use This Formalin in Vegetables

The widespread formalin applying in fruits, vegetables, fishes, meats and milks for long tern preservation poses a massive threat to the public health and nutrition at an alarming level.

Formalin (40% aqueous solution of colour free and pungent formaldehyde) is in traditional application in paints, plastics, textile, nail varnish, constructive industries and renowned to preserve human corpse. Our traders are applying the chemical in foods to aid an attractive look and keep them fresh for their ignorance, negligence and financial gaining.

According to different sources, the level of formalin used in different foods, especially in the fruits are horrible and at toxic level for human consumption.

Formalin is naturally available in various food stuffs at various ranges and also available in the air. Formalin inhalation poses greater health risks than consumption.

1.4: Conclusion

The ingestion of formaldehyde over a prolonged period can develop respiratory, digestive, cardiac, nephrological and neurological problems, along with cancer. Formalin is a chemical used for preserving dead bodies in hospital mortuaries and dissection room in medical colleges, fixation of biopsy sample in medical examinations, and for disinfection of hospital rooms, operation theatres and few surgical instruments. But this formalin is now used unethically for preserving fruits. Formalin delays decomposition of fruits, so most of the venders use formalin. It is heard that fruits especially mangoes and litchis are sprayed with formalin when they are on trees! The widespread use of formalin, in preservation of fruit is posing a threat to public health. The chemical used as a solution in water keeps fruit apparently fresh and makes fruits like mangoes attractive. In our country presence of formalin has already been detected in fruits like apples, bananas, grapes, mangoes and even maltas[10].

CHAPTER 2: Legal Remedies of Formalin Crime in Bangladesh

2.1: Introduction

Food adulteration with formalin is a cold blooded crime. Formalin is in great triumph on a tremendous public panic by dint of multidimensional bamboozle bid taken to focalize foods formalin by means of various campaigns, discussions, talk shows, raids and drives across the country now a day’s[11]. The widespread formalin applying in fruits, vegetables, fishes, meats and milks for long tern preservation poses a massive threat to the public health and nutrition at an alarming level. Formalin (40% aqueous solution of colour free and pungent formaldehyde) is in traditional application in paints, plastics, textile, nail varnish, constructive industries and renowned to preserve human corpse[12]. Our traders are applying the chemical in foods to aid an attractive look and keep them fresh for their ignorance, negligence and financial gaining. According to different sources, the level of formalin used in different foods, especially in the fruits are horrible and at toxic level for human consumption. Formalin is naturally available in various food stuffs at various ranges and also available in the air. Formalin inhalation poses greater health risks than consumption. The quality controllers avoid the adherence of formalin in processed food but the raw foods are not in formalin curbed in markets. It is the acme dilemma on the route of ensuring safe food to both the carnivorous and vegetarian consumers in the adulterated era. It is high time to take immediate bid for proper action to get formalin free foods in our markets for enjoying sound health. The preparation is essential leaving no stone unturned to the dashing beginning and splashing steps in various situations towards formalin rebuking movement to carry the day. It causes great havoc of human life and health which may be called food victimization. Abuse of chemical named formalin in fruits, vegetables, fishes, meats, and some other foods as preservative is harming the health of the people of Bangladesh which will lead a sick nation in the near future.

2.2: Safe Food Act 2013

The Bangladesh National Parliament has passed the Food Safety Act, 2013 on October 10, 2013 (after repealing and re-enacting the existing outdated laws in this regards) in order to make provisions for the establishment of an efficient, effective, scientifically based Authority and for regulating, through coordination, the activities relating to food production, import, processing, stockpiling, supplying, marketing and sales as well as to ensure the people’s right toward access to safe food through appropriate application of scientific processes and state of the art technology.

In order to meet the aspirations of the citizens of the country it was felt to be desirable to ensure their rights towards access to safe food for the protection of human health and life. Obligated by the citizens’ aspirations and being respectful towards the present government’s desire, the Bangladesh Food Safety Authority, which has been set up on February 2, 2015, is committed to make a united start with its full strength and unstinting efforts. The Authority whole-heartedly welcomes the all-out support of all food control agencies, food business operators and people of the country towards the landmark goal of establishing a Modern and Technological Food Safety System in Bangladesh to contribute to the government’s Vision 2021.

2.3: Formalin Control Act 2015

Introduction

Abuse of chemical named formalin in fruits, vegetables, fishes, meats, and some other foods as preservative is harming the health of the people of Bangladesh. Draft of the Formalin Control bill was placed on 4th November 2013 in the cabinet of Bangladesh and got approval to be a bill with some observations. The bill was placed on 21 January of 2015 in the national parliament and sent to the parliamentary standing committee. Formalin Control Act was passed in the Parliament on 16th February 2015 and became effective after President’s signature on 18th February 2015.

Nature and Scope of this Act

This Act bears six chapters and 37 sections. The offences mentioned in this Act are cognizable and non-bailable offence. The Mobile court has been given the jurisdiction for quick action. A formalin control committee will be constituted in every district and sub-district. The owner of the warehouse will be punished for hoarding or possessing without government approved license. Controlling measure needs to be taken in each level of production, import, transport, hoarding, sale and use. Government will issue Licenses for its proper use.

Introductory Chapter

Jurisdiction

To control the uses of formalin and make legal framework for its violation within all over Bangladesh are the two main objectives of this Act. Government can exempt any institution from the jurisdiction of this Act by Government Gadget notification (Section-37).

Formalin Defined:

Formalin means Formalin, Formaldehyde, Para formaldehyde, any amount of its liquefaction and any other government approved specific substance to produce Formalin (Section-2).

Special Law:

Formalin Control Act will prevail over general criminal law or criminal procedural law. Formalin Control Act is a special law combining substantive & procedural provision and will not be subject to Penal Code or Criminal Procedure Code (Section-3).

License

License Mandatory:

Only license holder can produce, transport, hoard, sell, use and possess Formalin (Section-4).

Formalin Control Committee:

There must be a committee in every district and sub-district of Bangladesh to satisfy the objects of making this law. Formalin Control Rule will be followed in forming the committee and detail procedure to be mentioned in that Rule (Section-9).

Investigation and Ors.

Investigation:

Government will delegate investigating power to any Deputy Commissioner or his subordinating officer or to any police officer. Investigating officer will have the same power as Officer-in-Charge of a Thana (Section-10).

Search and Arrest Warrant:

Authorized officer may issue search or arrest warrant and will send it to the Officer-in-Charge (OC) of that Thana, OC will execute the warrant (Section- 11). If the authorized officer may take immediate action if the situation demands without issuing search or arrest warrant (Section-12).

Co-operation of Officers:

Authorized officers must co-operate each others to make the provisions of this law effective.

Attachment of Formalin and Destruction:

Any unauthorized use or hoarding of formalin can be attached and destructed (Section-19).

Offences and Punishment:

Offence	Highest Punishment	Lowest Punishment		Prescribed Provision
Importing, producing, hoarding without license.	•      Imprisonment not amounting to imprisonment for life. •      Fine not exceeding 20 Lakhs taka.		Fine not less than 5 Lakh taka.	Section – 20
Violate the terms of License.	•      Imprisonment not exceeding 7 years. •      Fine not exceeding 5 Lakh taka. •      Both	  	Imprisonment not less than 3 years. Fine not less than 2 Lakhs taka. Both	Section – 21
Sale or use of Formalin without License.	•      Imprisonment not exceeding 2 years. •      Fine not exceeding 4 Lakh taka. •      Both	  	Imprisonment not less than 6 months. Fine not less than 1 Lakhs taka. Both.	Section– 22
Transport or possess without License	•      Imprisonment not exceeding 2 years. •      Fine not exceeding 3 Lakh taka. •      Both	  	Imprisonment not less than 6 months. Fine not less than 1 Lakhs taka. Both.	Section–23
Person without license possess or control any Machine, equipment or substance to produce Formalin.	•      Imprisonment not exceeding 2 years. •      Fine not exceeding 2 Lakh taka. •      Both	  	Imprisonment not less than 6 months. Fine not less than 50 thousands taka. Both.	Section–24
Person knowingly allows using his house, land, vehicle, equipment.	•      Imprisonment not exceeding 2 years. •      Fine not exceeding 2 Lakh taka. •      Both	  	Imprisonment not less than 6 months. Fine not less than 50 thousands taka. Both.	Section – 25
False or vexatious accusation.	•      Imprisonment not exceeding 1 year. •      Fine not exceeding 2 Lakh taka. •      Both	  	Imprisonment not less than 3 months. Fine not less than 50 thousands taka. Both.	Section – 26
Person Assist in committing offense.	Same as offender.		Same as offender.	Section – 27
Committing same offence again. (Except offence mentioned in section-20).	Double of the mentioned punishment.			Section – 28

Recovery of Fine

Fine will be recovered from the person or property of the offender (Section-29).

Offence committed By Company

Owner, shareholder, director, manager, secretary, officer or agent of the company deems to have committed the offence when a company is accused to have committed an offence under this Act (Section-30).

Presumption of Offence

Court presumes that person holding or possessing Formalin making equipment without license has committed an offence under this Act (Section-32).

No Claim if Damage Caused

If any license holder suffers loss or damage due to Order of licensing authority or government officer, he can not claim any compensation; even he can not claim the fees (Section-33).

Courts and Tribunal

Offences mentioned in Section 20 & 21 will be tried by Special Tribunal formed under the Special Power Act, 1974 (Section-34).

Offences mentioned in other sections will be tried by First Class Magistrate or Metropolitan Magistrate formed under the Code of Criminal Procedure, 1898 (Section-34).

Jurisdiction of Mobile Court

All offences except offences mentioned in section 20 & 21 can be tried under the Mobile Court Act, 2009.

Miscellaneous

Mobile Court Rule

Government can make Rules explaining the details of this Act (Section-36). Government will include the above offences in the schedule of Mobile Court Act 2009 for immediate action.

English Text of this Act

Government will publish an authentic English text of this Act by Government gadget notification. Any conflict between Bangla and English Text, Bangla text will prevail.

Conclusion

Formalin used in foods and vegetables turns into silent poison which harms our health and causes some fatal diseases. Law can not ensure the controlling measure; government will have to take adequate executive action to control abuse of Formalin.

2.4: Problem with this Current Law

Though the officers of the Department sometimes take action against the violators through setting up mobile courts and impose punishments upon them but the general consumers do not notice any regular activity of the Department. Besides there is provision for punishment of maximum three years of imprisonment or a fine of taka two lac for using any harmful materials in the food stuff (section 42).

The unfortunate situation is that no food seller has yet been punished in any finally decided case under this Act. So it is crystal clear that though there are three different laws addressing the issue of formalin the use of formalin is not controlled in fact.

Do we actually need three different laws on the same issue? Even if it is taken to be okay then how the consistency is maintained between the implementation agencies under these laws? A practical investigation into the markets answers both the questions in negative. Neither is it necessary to have three laws on the same issue and nor is there any coordination among the implementing bodies under these laws. Consequently the culprits using the formalin in food are thinking that it is not a matter that how many laws are there or how harsh the punishment is, the law is not going to be implemented[13].

2.5: Conclusion

Legislature passed seventeen Acts in 2015, some of which directly signal the progress towards achieving technological and scientific development goals as promised in the government's manifesto. Whereas in 2014, the Parliament was more inclined towards enacting laws which regulated various aspects of education and tourism, in 2015 there was an ascension in tendency of addressing emergency situations, such as, inimical use of formalin in food.

In 2014, Acts like Journalist Welfare Trust Act and DNA Act apprehended the lime light, conversely in the year 2015 Nuclear Power Plant Act stole the show. The Formalin Control Act, 2015 which introduced the highly awaited punishment for importing, producing and storing of preservatives without licence will bring the use and business of formalin under a legal framework.

  

CHAPTER 3: Right of Consumer

3.1 Consumer protection and consumer law

It is now admitted that the law as it stands does not give sufficient protection to the consumer. As a matter of fact, the term consumer is by origin an economic concept and until quite recently, it was simply foreign to legal usage and conceptualization. However, with the growing realization of the need for special legislation for the protection of consumers and only consumers, it become important to give the term ‘consumer’ a fixed legal meaning.

3.2 Consumer protection 

Consumer protection consists of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer protection laws are a form of government regulation which aims to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of “consumer rights” (that consumers have various rights as consumers), and to the formation of consumer organizations, which help consumers make better choices in the marketplace and get help with consumer.

Other organizations that promote consumer protection include government organizations and self-regulating business organizations such as consumer protection agencies and organizations, the Federal Trade Commission, ombudsmen, Better Business Bureaus, etc.

A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.

Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in competition law.

  

3.3 What is Consumer Rights Law?

This legal area encompasses a large body of laws enacted by the government to protect consumers by regulating many of the following business transactions and practices: advertising, sales and business practices; product branding; mail fraud; sound banking and truth in lending; quality produce and meats; housing material and other product standards; and all manner of other types of consumer transactions. Some states also regulate door-to-door sales, abusive collection practices and referral and promotional sales.

Consumer protection law or consumer law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services.  Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.

Consumer protection laws deal with a wide range of issues including credit repair, debt repair, product safety, service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy.

3.4 Aspects of consumer protection

There are three aspects of consumer rights protection, which every country must consider.

 First, the aspect of ‘voluntary protection’ which means that consumer’s hemselves would voluntarily set up associations and/or organizations to safeguard their own rights and interests. These associations/organizations generally work as pressure groups on the government for consumer rights issues. There are many such voluntary organizations in India, Pakistan, Sri Lanka and other countries of the world. In Bangladesh, the Consumers’ Association of Bangladesh (CAB) was established in 1978.

 Second, the aspect of ‘institutional protection’. By establishing national institutions to safeguard and promote consumer rights of citizens this aspect of consumers’ protection can be ensured. For example, in 1914 the Federal Trade Commission, in 1927 the Food and Drug Administration and in 1970 the National High Traffic Administration were set up in the USA; the United Kingdom established the office of Director-General of Fair Trading; Sweden set up the Consumer Agency KOV and Consumer Ombudsman KO; India established National Consumer Protection Council, various State Consumer Protection Councils, National Consumer Disputes Redressal Commission with State Commissions and District Forums; Pakistan set up the Islamabad Consumer Protection Council; Sri Lanka and Nepal set up the office of the Commissioner of Internal Trade and the Consumer Protection Council respectively.

 Third, the aspect of ‘statutory protection’, which can be guaranteed by enacting relevant laws for protecting the rights and interests of the consumers. Many countries of the world, including those in Asia, have already enacted comprehensive laws in this regard. For example, the Consumer Protection Fundamental Act 1968 in Japan, Consumer Protection Act 1979 in both Thailand and Sri Lanka, Consumer Protection Act 1986 in India, Consumer Act of the Philippines 1990 in the Phillippines, Islamabad Consumers Protection Act 1995 in Pakistan, Consumer Protection Act 1998 in Nepal, The Law on Consumer Protection 1999 in Indonesia and Consumer Protection Act 1999 in Malaysia were enacted. However, Bangladesh is yet to enact such a comprehensive Consumers Protection Act.

3.5 Current status of legal protection to consumers in Bangladesh

 It has already been mentioned that the current system of legal protection to the consumers in Bangladesh is inadequate and outdated. Further whatever little laws are available, they are not strictly enforced for the protection of the rights of the general consumers. The consumers in Bangladesh are thus deprived of their rights at every sphere of their lives.

 The Constitution of Bangladesh, under its ‘fundamental principles of state policy’ part, recognises the rights of consumers to a limited extent. The provisions of consumer protection can be found at Articles 15 and 18 of the Constitution. However, these provisions are mainly focussed on the vital issues of ‘health’ and ‘food’ than on other consumer rights. Moreover, the said provisions are mentioned under the ‘fundamental principles of state policy’ part and not under the ‘fundamental rights’ part of the Constitution. Hence, they remain mostly non-enforceable in the courts of law.

 Further, there are certain legislations, part of which has got direct bearings on consumer protection. For example, sections 264-267, 272-276, 478-483 of the Bangladesh Penal Code 1860, the Poison Act 1919, the Dangerous Drug Act 1930, the Trade Mark Act 1940, the Animals Slaughter (Restriction) and Meat Act 1957, the Special Powers Act 1974, the Standards of Weights and Measures Ordinance 1982, the Bangladesh Standards and Testing Institute Ordinance 1985, the Narcotics (Control) Act 1990, and the Safe Blood Transfusion Act 2002, etc.

(a) The current laws are faulty and do not meet the present needs;

(b) Under the existing legal regime, the aggrieved consumers themselves cannot go to the court to sue against the violators. It is only the designated government officials empowered under these laws, who can initiate and sue against the violators.

(c) The provisions of penalty or punishment under the current laws are so negligible that nobody cares to abide by such laws; and

(d) Finally, the laws are not effectively enforced.

IMPORTANT ASPECTS OF THE CONSUMER RIGHTS PROTECTION ACT, 2009:

i. Liability of seller to third party

Under this Act, the seller or the service provider will be liable not only to the purchaser but also, to those persons who again buy or use the products with the consent of the former buyer. Since the definition of consumer covers such person, it means that the seller is liable to a third party.

 ii. Establishment of the Council (parishad)

Under the Consumer Rights Protection Act, 2009, there are Councils at two levels:

a. National level (National Consumer Rights Protection Council)

b. District level (District Consumer Rights Protection Committee) The National Consumer Rights Protection Council may, for purpose of preservation and protection of consumer rights, make appropriate regulations, undertake research, create awareness, and advise the government on policy relating to consumer protection, as well as monitor the activities of the Directorate of Consumer Protection. On the other hand, the District Committees are to implement the rules and regulations adopted by the National Council.

iii. Establishment of Directorate on Consumer Rights

Under the Consumer Rights Protection Act, 2009, a Directorate of consumer rights is established in Dhaka. In fact, the principal responsibility to implement this Act rests on this Directorate. The Directorate is headed by a Director General (DG) and to assist him, there will be such staffs as may be necessary. A person may submit complaint of any activity violating consumer rights to the DG or any person authorized by him. To make a complaint to Magistrate or to file a criminal case requires the permission of the DG or of person authorized by him on this behalf. The DG holds power to investigate, to search or to issue summons and warrant. Besides this, he may also issue directives to close any shop or business enterprise engaged in activities that violate consumer rights.

iv. Filing of Complaint

Under the CRPA 2009, no person can file a complaint directly at the Magistrate’s court. A person can file a complaint based on the anti-consumer activities to the Director General of the National Consumer Rights Protection Directorate or any other person authorized by him within 30 days of the complained cause of action. Then, within 90 days of the complaint received, the charge has to be filed to the Magistrate court with the approval of the DG.

v. Concurrent Remedy

Apart from filing a criminal case with the Magistrate court, civil remedy can be sought at the civil courts. The civil court is endowed with the jurisdiction to grant proper compensation which would not go beyond the fivefold amount of the actual damage.

vi. Act not in derogation of any other law

The provisions of the CRPA shall be in addition to and not in derogation of the provisions of any other law for the time being in force. It would be operative as an additional apparatus with the other laws having consumer implications. This law does not supersede other laws, rather it is said to be applied as a complementary law on the same point. If an anti-consumer activity falls within the ambit of some other rigorous law (for example: Special Powers Act 1974), the complainant would have the option to resort to that law.

vii. Mobile Court

The mobile court has jurisdiction to try offences relating to activities that violate consumer rights. An executive Magistrate runs the mobile court. Besides, the DG has also the same power as an Executive Magistrate to run the mobile court. He has jurisdiction all over Bangladesh. A Magistrate may at once recognize an offence under this Act, if committed in front of him and punish him, on the basis of his confession, with an imprisonment for a period of maximum two years. However, if the offence is serious in nature; he will take steps to file a criminal case in the criminal court.

CHAPTER 4: Way to Solve This Problem

4.1: Introduction

In recent times it is being extensively used as food preservative in Bangladesh due to its keen price and comparatively easy to use.  Above fact is inspiring the fishermen for preferring formalin rather than ice block. Fruits, vegetables and fishes are the most common food items that are the major target of the dishonest food vendors and merchants. As a matter of fact, now a day’s formalin may be found in almost all kind of foods, though this chemical has been band for using as food preservative in many countries. Several studies on range experimental animals (exposure with formaldehyde) demonstrated a wide number of toxicological effects including histopathological alteration in the stomach (i.e., gastrointestinal lesions (such as papillomata’s hyperplasia and hyperkeratosis,), allergy, asthma, abdominal pain and vomiting. Formalin is significantly related with cancer particularly nasopharyngeal cancer in humans through inhalation during occupational exposure and sometimes caused gastrointestinal cancer when administered with drinking water with high concentration. It also facilitates DNA-protein crosslink mainly in the anterior regions of the nasal tissue through inhaled exposure in rodent animal. Due to abundant use of formalin in different food items and consumption of the foods contaminated with this dangerous chemical, a huge number of populations particularly the kids and the elderly are exposing themselves every day to severe health hazard in Bangladesh and some other developing countries. Therefore, the current project was undertaken to estimate the degree of injury of kidney and liver caused by consumption of foods containing with formalin.

4.2: Trick to Get Rid of Formalin

There is digital trick to spread out panic about simple conditions but the simple and economic technologies to conquer this trouble are hardly advised. The trick the consumers can maintain for their healthy eating are:

·         Soaking fruits in fresh water, chlorinated water, tepid water

·         Reduction of fruits peel is the best option

·         Soaking and washing vegetables in fresh water

·         Soaking fishes in fresh water or hot water or vinegar or in brine solution

·         Cooking fishes to vaporize formalin in order to having 96⁰C boiling point and 100% volatility of formalin

·         Soaking meats in fresh water

·         Cooking meats to vaporize formalin in order to having 960C boiling point and 100 % volatility of formalin

·         Heating of milk. Adding fresh water with milks in very low amount prior to heating. Boiling milk to vaporize formalin in order to having 96⁰C boiling point and 100% volatility of formalin.

4.3: Discussion

Sufficient study by different workers has already been done on different animal (Cymolgus monkeys, rats, Syrian golden and hamsters etc) about the harmful effect of this culprit chemical through inhalation and dermal exposure and showed irritation of the eyes, nose, and throat, headaches, skin sensitization, dermatitis, hoarseness, congestion, and nasal squamous cell metaplasia. However, histological data on the effects of formalin on liver and kidney tissue through oral administration till was not enough available. In the present study, the animals were orally administered formalin with normal food for one month and the microscopic slide from selected organs showed prominent histological changes in their liver and kidney tissues. Here Formaldehyde was used orally as a dose of tenfold dilution of LD50 (42mg/kg) body weight for treatment group 1 and 10 times dilution for the rest of the two groups respectively. Any noticeable disorder of experimental animals has not been observed during exposure period without small intake of food and dull appearance. Histology of kidney tissue of treated animal showed degenerated and shrinkage tissue with ruptured and deformed glomerulus.

It is expected to resolve the issues of current multi-bodied control mechanisms of food safety issues with the existing laws in Bangladesh. It aims to control food adulteration at various stages of the supply chain and also take care of other food-related concern. The new act also has raised penalties substantially –both financial and imprisonment. Nonetheless, the law itself does not guarantee that scenarios will change rigorous monitoring in the marketplaces would gradually improve the situation. 

Lack of awareness, negligence and indifference among consumers are also obstacles to ensuring food safety. We are not aware about our consumer rights. We do not know nutritional value of the food we take. Surprisingly, it does not exist only among illiterate people. Even educated people are not cognizant about what food they are eating. They get affected by many food-related challenges, including micronutrient deficiencies, obesity, and non-communicable diseases. These challenges are fuelled, mostly, by cheap, convenient, and highly-processed foods that are appealing to the taste. The changing cultural and social practices are also playing a role. We love to celebrate festivals with food and buy food from outside. For example, during Ramadan we buy deep fried foods from restaurants and food shops which are not at all safe and hygienic. Demand will gradually increase among young generation to eat out. However, food behavioral change among people and awareness among of food sellers about maintaining safe food supply are imperative to reduce the risk to vulnerability to unsafe food.

4.4: Conclusion

Formulation of rules for enforcing the Formalin Control Act, 2015 is welcome though its outcome remains unpromising, particularly in view of lax enforcement of laws which is what the general practice is in this country. Enacted in November last, this particular piece of legislation is purported to ensuring food safety by curbing misuse of formalin. With the rules now in place, the ground is being set for making it operational to counter the unremitting supplies of formalin-adulterated food items in the markets. No matter how much time-befitting and pragmatic the rules are, what would really make a difference is not their formulation but their effective enforcement.

Following the approval of the rules under it, the main challenge will lie in areas of enforcement of the provisions of the Formalin Control Act, 2015. That is a daunting task and all concerned will have to be up and doing about addressing it, properly and effectively. However, this is easier said than done. There is now absence of mobile courts to check markets and wayside vendors with fruits and fishes treated with formalin and other additives. Media can serve here a useful role through its adequate focus on misuse of formalin. The problem is indeed serious in nature as it is linked to people's health.

It is worthwhile to draw here the attention of all concerned to the recent findings that have been released by the National Food Safety Laboratory of the Ministry of Health. Presence of high residues of banned pesticides and chemical preservatives was found in samples of fresh produce collected from markets in Dhaka. This does confirm the widely-held suspicion that food control in Bangladesh is inadequate. Formalin used in fruits, vegetables and fishes can cause disorders in oral cavity, gastrointestinal tract, liver, kidney, lung, heart, and the central nervous system in the early phase of reaction. But it remains quite difficult for consumers to find which products are, or are not, mixed with formalin or other additives.  

It is now for the government and other authorities to monitor strictly markets in cities and rural areas. Otherwise, the rules will make no substance. Only if these are enforced well, that will help curb misuse of formalin. It must not be forgotten that contamination of foods is a problem of the common man and unless he or she is made aware of this, nothing can stem the rot. That is why mass awareness has to be created, in tandem with effective enforcement of rules, to combat this menace.

Bibliography

M Shamsuddin, Food adulteration and public health issues in Bangladesh: The ninth annual scientific conference (ASCONIX), CVASU, 2012:1-22.

S. Norliana et al. American Journal of pharmacology and toxicology 2009, 4(3):98-106.

Fernando Aguilar et al. The EFSA Journal 2006, 415:1-10.

Soffritti et al. Results of long term experimental studies on the carcinogenicity of formaldehyde and acetyldehyde in rats. Ann. N.Y. Acad. Sci. 2002, 982:87-105.

http://spa.brac.net/index.php?option=com_content&view=article&id=202:food-safety-in-Bangladesh-current-scenariochallenges-and prospects & catid=97&Itemid=783.

S. kawamata, H Kodera, Reduction of formaldehyde concentrations in the air and    cadaveric tissues by ammonium carbonate, Anatomical Science International,79, 2004, 152-157.

World Health Organization (WHO). IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. 2006. Volume 88 Formaldehyde, 2-Butoxyethanol and 1-tert-Butoxy-2-propanol.

Agency for Toxic Substances and Disease Registry (ATSDR). Toxicological Profile for    Formaldehyde. US department of Health and Human Services 1999. Atlanta, US.

World Health Organization. International Program on Chemical Safety, Environmental Health. 1999. Criteria 89: Formaldehyde.

Smith AE, Formaldehyde, Occup Med, 42, 1992, 83–8.

International Programme on Chemical Safety (IPCS). Formaldehyde. Environmental Health Criteria 89. 1989. WHO. Geneva.

US NRC. Formaldehyde: an assessment of its health effects.1980.Washington, DC.

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[1]Bouzayen M, et al. Mechanism of fruit ripening. In: Pua EC, Davey MR, editors. Plant developmental biology—biotechnological perspectives. Berlin: Springer; 2010.

[2] Kendrick M. The origin of fruit ripening, in Scientific American™. New York: Nature America Inc; 2009.

[3] Brady CJ. Fruit ripening. Annu Rev Plant Physiol Plant Mol Biol. 1987;38:155–78.

[4] Beware of these fruits, in The Telegraph Calcutta India. The ABP Publications; 2011.

http://www.telegraphindia.com.

[5] Theologis A. One rotten apple spoils the whole bushel: the role of ethylene in fruit ripening. Cell. 1992;70(2):181–4.

[6] Ur-Rahman A, Chowdhury FR, Alam MB. Artificial ripening: what we are eating. J Med. 2008;9(1):42–4.

[7] Goonatilake R. Effects of diluted ethylene glycol as a fruit-ripening agent. Glob J Biotechnol Biochem. 2008;3(1):8–13.

[8] Dr. A N M Atahar Ali and Md. Lokman Hussain, Formalin control a few steps of strategies ahead, April 19, 2016 / LAST MODIFIED: 12:00 AM, April 19, 2016

[9] Formaldehyde Production and Manufacturing Process, https://www.icis.com/resources/news/2007/11/05/9076014/formaldehyde-production-and-manufacturing-process/

[10] http://archive.dhakatribune.com/food/2013/jun/15/formalin-fruits-can-be-fatal#sthash.h6e4OEmp.dpuf

[11] M Shamsuddin, Food adulteration and public health issues in Bangladesh: The ninth annual scientific conference (ASCONIX), CVASU, 2012:1-22.

[12] Soffritti et al. Results of long term experimental studies on the carcinogenicity of formaldehyde and acetyldehyde in rats. Ann. N.Y. Acad. Sci. 2002, 982:87-105.

[13] http://www.thedailystar.net/law-our-rights/law-vision/formalin-control-few-steps-strategies-ahead-1210813