**4. Gaps and the hindrances to full implementation of food safety legislations in developing countries**

So far, there are a number of factors that make it difficult for the food safety legislation to work "perfectly" in the developing countries. One of these reasons is minimal application of HACCP to food processing industry and particularly because its implementation is not a mandatory requirement. On the other hand, multinationals and some special food value chains, particularly the export-oriented ones, have adopted HACCP or even stricter systems as has been demanded by their customers in these markets. Of course, this varies across countries with South Africa leading other African countries in embracing third party certification of food companies. Developing countries must be made to understand and appreciate the fact that food safety management systems that work, provide more benefits to the citizenry and is better for the economy. These facts, however, may never have been so clearly stated and understood by those responsible for food safety legislation, implementation, and monitoring [2].

#### **4.1. The two faces of developing countries' food safety management systems**

Most developing countries at least host multinational companies that are crucial and that serve a niche market. This includes the likes of Coca Cola, Unilever, Mars Incorporated, and Wrigley's among others. These are companies whose food safety management systems are extremely strict. In most cases, they are more focused on the use of their internal standards and auditing techniques than they do rely on the inspections mounted by governments. They have systems replete with a robust backup and huge capacity in terms of laboratories, personnel and necessary logistics. Unfortunately, in the developing countries, these lie and operate side by side with the uncoordinated; unregulated street food supply chain that indeed are greater sources of food especially for the urban, poor and middle class dwellers. The existence of the two tier-food safety operations in the developing economies: the multinationals and the local startups, is a phenomenon that must be harnessed as a learning point to enable food safety be addressed to all who are affected by it.

### **5. Case studies: status of food safety legislation in West Africa**

#### **5.1. Food safety legislation in Ghana**

**3.8. Training and education in food safety**

24 Food Safety - Some Global Trends

purposes of making food safety legislations work.

every case even to including suspected cases.

engage on food safety legislation [4].

monitoring [2].

**legislations in developing countries**

**3.10. Codex Alimentarius Commission (CAC) membership**

**3.9. Epidemiological surveillance**

Food safety legislation requires regular, planned ongoing training, and upgrading of knowledge for food control officers, law enforcers, consumers and all stakeholders. Many factors regarding food safety change from time to time. This may include status of chemicals for use as food additives, and even specifications like microbial criteria or tolerable daily intakes. Competent, updated and, a responsive team is required to harness these developments for the

One of the key hurdles to success of food safety legislations is dealing with unreported cases, of illnesses and deaths that arise from food-related illnesses. There must be a link and a close one at that between the food safety enforcing bodies, and the public health departments. Not just that countries must strive to strengthen the epidemiological data collection tools, but also the consumers ought to be well informed about the procedures and benefits of reporting

Membership to CAC is voluntary as well as adoption of its standards. It focuses on ensuring consumer safety and promotion of trade. The CAC's legislation should only be a bare minimum and since they are based on science, they avail the platform that supports countries to provide safe and nutritious foods to their domestic as well as for international market. On this score over 50 African countries are members of CAC and this puts them at a platform to

So far, there are a number of factors that make it difficult for the food safety legislation to work "perfectly" in the developing countries. One of these reasons is minimal application of HACCP to food processing industry and particularly because its implementation is not a mandatory requirement. On the other hand, multinationals and some special food value chains, particularly the export-oriented ones, have adopted HACCP or even stricter systems as has been demanded by their customers in these markets. Of course, this varies across countries with South Africa leading other African countries in embracing third party certification of food companies. Developing countries must be made to understand and appreciate the fact that food safety management systems that work, provide more benefits to the citizenry and is better for the economy. These facts, however, may never have been so clearly stated and understood by those responsible for food safety legislation, implementation, and

**4. Gaps and the hindrances to full implementation of food safety** 

Ghana's food production system is dominated by informal—very intricate-small- and medium-sized enterprises (SMEs). Hazard Analysis and Critical Control Point (HACCP) systems are not applied by SMEs and occasionally by the large food processors in a reactionary manner, that is, in response to a food safety threatening incident or at the behest of consumers in foreign markets. Most of the local foods and brews are not necessarily included in the standards in Ghana, and this leaves a gap in which food safety programmes cannot be implemented yet these foods contribute massively to the quantity and nutritional intake of the population. These neglected food supply chains could easily be the source of food-borne illnesses and even death. Essentially, there is low literacy that people who are sensitive about food safety are seen to be doing so out of their affluence or to belong to a different class than everybody else. Compared to other challenges like lack of electricity, roads, and food insecurity due to inadequate supplies, food safety is not a priority to most developing countries. This may be the reason why inadequate funding is put toward this endeavor.

This lack of priority means many food supply chains for the majority of the rural areas and town dwellers are not regulated, and to compound this further, traceability mechanisms are almost nonexistent. However, for a few commodities traded formally and internationally, reasonable food safety parameters and legislations are in place. These commodities include; cereals, fruits, vegetables, oil seed, cocoa, and shea nuts. Ghana Food Safety Authority is faced with an inadequate food testing capacity quagmire. This is in reference to equipment, personnel, and the location of the main government laboratory in Accra, serving the whole country [5].

#### *5.1.1. Main actors in ensuring food safety in Ghana*

The various Ministries Departments and Agencies have been set up drawing form various legislations. There is, however, a need to have these standards revised and aligned to modern food regulations. Ghana Standards Boards' mandate is to establish and promulgate standards. It also promotes standardization in industry and commerce thus promoting industrial efficiency. Further, it promotes welfare, health and safety for consumers. In addition, it runs the certification scheme, inspection of food safety operations and metrology. Government of Ghana has several ministries involved in food safety legislation; with the ministry of Environment and Science, Trade and Industry, Ministry of Health, and Ministry of Food and Agriculture taking the leading roles. In the Ghanaian system standards setting formulation/ drafting and advice is divorced from the bodies involved in control and enforcement of legislation. There is also separation of risk analysis and advice from the bodies mandated with management and operationalization of the food safety system. However, Ghana has also taken an important step in drafting the National Food Safety Action Plan (NFSAP) to restructure food safety, agriculture, and health institutions to improve efficiency and governance. Such a move allows for a coordinated effort among Ministries, Departments and Agencies, allowing for smooth operations, avoiding duplication of duties, eliminating conflicts and encouraging better enforcement of food safety legislation [5].

operations. The other organizations in Nigeria, charged with food safety include the Ministry of Health, National Agency for Food and Drug Administration and Control, the Standards Organization of Nigeria, Ministry of Agriculture and Research and Development and Fisheries, Plant Quarantine Service, the Consumer Protection Council, Federal Ministry of Environment and, Federal Ministry of Trade and Industry. It also recognizes the role of university, research, and local governments in creating awareness and training of personnel for most food safety focused agencies. The key factors to successful food legislation in Nigeria are increased public awareness and customer education about the dangers of neglect of food safety. There should also be better coordination among the bodies charged with responsibilities for food safety. Lastly, capacity building by training of personnel, producers and regulators is vital toward achieving success in implementation of food safety legislation. The SMEs should be urged to form associations for ease of government support in terms of training and

Food Safety Legislation in Some Developing Countries http://dx.doi.org/10.5772/intechopen.75587 27

Kenya has over 22 Food safety-related legislations under different Departments and Agencies. Kenya became a member of the Codex Alimentarius Commission in 1969. It has since played some crucial functions in various Codex committees and is currently chairing the CCAFRICA region. It has also adopted more than 100 Codex standards. Kenya has developed a National Food and Nutrition Security Policy. Food Safety is a key pillar of the policy document and it can be found under the subtopic of "Food Safety, Standards and Quality Control." The proposed National Food Safety Authority will be an innovative platform. Chiefly it will be mandated to conduct risk assessment, an area that has been grossly underrepresented in Kenya and the rest of the developing economies. It is also expected to promote human health and ensure better coordination among all the multiple-stakeholders in food safety. The Kenya's food safety management model is integrated with several bodies across different sectors mandated to ensure safety quality and promotion of trade for specific products in some cases [7]. Kenya is an integral member of the East African Community (EAC). The East African Community has been keen to harmonize several commodity standards with a total of 42 standards recorded as having been harmonized. The thrust has been to facilitate trade and remove barriers allowing for faster movement of goods across borders and thus reducing food losses. Most of these achievements have been through the Working Groups on various commodities. Despite the efforts directed to securing food safety in Kenya, foodborne ill-

**5.3. Status of food safety legislation in East African Community (EAC)**

nesses, and outbreaks, fraud, and other ills are still reported with regularity [7].

Having looked at some cases of developing countries in Africa, the focus shifts to understanding the food safety scenarios of developing countries in Asia. Two countries that are an important part of the Asian continent, Nepal and India are presented in a bit of depth. Developing countries in Asia have definitely unique food safety scenarios. Nepal, for example, became a member of WTO in the 2004, and hence food safety has acquired a reasonable interest. The

**5.4. The food safety situation in Asia contrasted to Africa**

most important challenges are as follows:

awareness creation [6].

#### **5.2. Food safety legislations in Nigeria**

Food safety in Nigeria is undermined by inadequate application of Good Agricultural Practices (GAP), abuse of agrochemicals, use of pesticides for fishing, misuse of pesticides for stored grains, chemical contaminants like lead poisoning, and abuse of additives (butylated hydroxyl anisole, nitrates/nitrites). Other challenges include use of toxic packaging material with degradable components, public ignorance, uncoordinated approach and lack of technical expertise, including poor laboratory facilities. On top of this, there is inadequate enforcement of the available legislations. At the same time, food-threatening droughts force inclusion of contaminated food in to the value chain.

#### *5.2.1. Components of national food safety control in Nigeria*

The legal framework mirrors that of Ghana with major components being: legislation, policy, institutionalization (institutional framework), inspection, and laboratory testing services. National food safety policy was established in 1999. The establishment of the food safety policy in Nigeria set the country on a path toward well-coordinated food safety legislation. It recognizes the roles of the public sector and that of private sector in addressing challenges of food safety in a multisectoral model [6].

#### *5.2.2. Bodies responsible for food safety legislation in Nigeria*

The country boasts of numerous food-related legislations. The laws focus on consumer protection, proper coordination, development of relevant policy, and priority setting in enforcing food legislation. It advocates HACCP as the basis to all food production and processing operations. The other organizations in Nigeria, charged with food safety include the Ministry of Health, National Agency for Food and Drug Administration and Control, the Standards Organization of Nigeria, Ministry of Agriculture and Research and Development and Fisheries, Plant Quarantine Service, the Consumer Protection Council, Federal Ministry of Environment and, Federal Ministry of Trade and Industry. It also recognizes the role of university, research, and local governments in creating awareness and training of personnel for most food safety focused agencies. The key factors to successful food legislation in Nigeria are increased public awareness and customer education about the dangers of neglect of food safety. There should also be better coordination among the bodies charged with responsibilities for food safety. Lastly, capacity building by training of personnel, producers and regulators is vital toward achieving success in implementation of food safety legislation. The SMEs should be urged to form associations for ease of government support in terms of training and awareness creation [6].

#### **5.3. Status of food safety legislation in East African Community (EAC)**

*5.1.1. Main actors in ensuring food safety in Ghana*

26 Food Safety - Some Global Trends

better enforcement of food safety legislation [5].

**5.2. Food safety legislations in Nigeria**

of contaminated food in to the value chain.

food safety in a multisectoral model [6].

*5.2.1. Components of national food safety control in Nigeria*

*5.2.2. Bodies responsible for food safety legislation in Nigeria*

The various Ministries Departments and Agencies have been set up drawing form various legislations. There is, however, a need to have these standards revised and aligned to modern food regulations. Ghana Standards Boards' mandate is to establish and promulgate standards. It also promotes standardization in industry and commerce thus promoting industrial efficiency. Further, it promotes welfare, health and safety for consumers. In addition, it runs the certification scheme, inspection of food safety operations and metrology. Government of Ghana has several ministries involved in food safety legislation; with the ministry of Environment and Science, Trade and Industry, Ministry of Health, and Ministry of Food and Agriculture taking the leading roles. In the Ghanaian system standards setting formulation/ drafting and advice is divorced from the bodies involved in control and enforcement of legislation. There is also separation of risk analysis and advice from the bodies mandated with management and operationalization of the food safety system. However, Ghana has also taken an important step in drafting the National Food Safety Action Plan (NFSAP) to restructure food safety, agriculture, and health institutions to improve efficiency and governance. Such a move allows for a coordinated effort among Ministries, Departments and Agencies, allowing for smooth operations, avoiding duplication of duties, eliminating conflicts and encouraging

Food safety in Nigeria is undermined by inadequate application of Good Agricultural Practices (GAP), abuse of agrochemicals, use of pesticides for fishing, misuse of pesticides for stored grains, chemical contaminants like lead poisoning, and abuse of additives (butylated hydroxyl anisole, nitrates/nitrites). Other challenges include use of toxic packaging material with degradable components, public ignorance, uncoordinated approach and lack of technical expertise, including poor laboratory facilities. On top of this, there is inadequate enforcement of the available legislations. At the same time, food-threatening droughts force inclusion

The legal framework mirrors that of Ghana with major components being: legislation, policy, institutionalization (institutional framework), inspection, and laboratory testing services. National food safety policy was established in 1999. The establishment of the food safety policy in Nigeria set the country on a path toward well-coordinated food safety legislation. It recognizes the roles of the public sector and that of private sector in addressing challenges of

The country boasts of numerous food-related legislations. The laws focus on consumer protection, proper coordination, development of relevant policy, and priority setting in enforcing food legislation. It advocates HACCP as the basis to all food production and processing Kenya has over 22 Food safety-related legislations under different Departments and Agencies. Kenya became a member of the Codex Alimentarius Commission in 1969. It has since played some crucial functions in various Codex committees and is currently chairing the CCAFRICA region. It has also adopted more than 100 Codex standards. Kenya has developed a National Food and Nutrition Security Policy. Food Safety is a key pillar of the policy document and it can be found under the subtopic of "Food Safety, Standards and Quality Control." The proposed National Food Safety Authority will be an innovative platform. Chiefly it will be mandated to conduct risk assessment, an area that has been grossly underrepresented in Kenya and the rest of the developing economies. It is also expected to promote human health and ensure better coordination among all the multiple-stakeholders in food safety. The Kenya's food safety management model is integrated with several bodies across different sectors mandated to ensure safety quality and promotion of trade for specific products in some cases [7]. Kenya is an integral member of the East African Community (EAC). The East African Community has been keen to harmonize several commodity standards with a total of 42 standards recorded as having been harmonized. The thrust has been to facilitate trade and remove barriers allowing for faster movement of goods across borders and thus reducing food losses. Most of these achievements have been through the Working Groups on various commodities. Despite the efforts directed to securing food safety in Kenya, foodborne illnesses, and outbreaks, fraud, and other ills are still reported with regularity [7].

#### **5.4. The food safety situation in Asia contrasted to Africa**

Having looked at some cases of developing countries in Africa, the focus shifts to understanding the food safety scenarios of developing countries in Asia. Two countries that are an important part of the Asian continent, Nepal and India are presented in a bit of depth. Developing countries in Asia have definitely unique food safety scenarios. Nepal, for example, became a member of WTO in the 2004, and hence food safety has acquired a reasonable interest. The most important challenges are as follows:


high-quality food and greater choices among the Indian consumers. Food safety incidences like the 2015-withdrawal of *Maggi noodles* and the governments' surveillance of food-related illnesses contribute to create awareness on food safety among Indian consumers. Still, over the years, many food-borne illnesses are unreported and foodborne out brakes are erratically reported. In 2006, about 13.2% of households reported food-borne illness. Food Safety Standards Act (FSTA) of 2006 was designed to improve the overall safety of consumers and aid advancement in international trade. Food Safety Standards Authority of India (FSSAI) is wholly responsible for food safety matters. However, even after a decade of transitioning, there are still overlaps of legislations between the Bureau of Indian Standards and FSSAI especially with regard to milk. The same case is observed in fruits and vegetables as both the FSSAI and Agricultural Marketing Standards apply yet both are based on CAC standards. These incidences confuse consumers and make it difficult for producers to distinguish whether the regulations are mandatory or not. Finally, there also exist state-level legislations

Food Safety Legislation in Some Developing Countries http://dx.doi.org/10.5772/intechopen.75587 29

that require compliance, and this sometimes complicates the intra-state trade [9].

There is a need to improve capacity to enable effective inspection and monitoring of food safety conditions in India. Prosecution and administration of food laws require to be devolved at the state level but currently lies at national level and therefore far flung areas are hardly reached. The country needs to improve laboratory access that currently is deficient and efforts should be made to improve on the number of specialists in the food safety related fields. The main focus in India's food safety management system is on upgrading laboratories and collaboration between the AGMARK and the FSSAI labs and the sharing of data. This way, only failed samples should be passed on to the national reference laboratory. The universities and FFSAI need to train and employ food safety experts. There is a need to increase awareness of all stakeholders especially on updated regulations. There must be increased emphasis on training of food handlers especially among the informal and small-scale food processors and producers. Currently, awareness is disproportionate among the rural consumers, and yet, these consumers like everyone else deserve good quality food. Use of mass media campaigns to target rural consumers will improve their awareness. Lastly, it is crucial to remove overlap in responsibilities of the organizations and assign clear mandates and modes of collaboration

**6. The role of GHI and other professional societies in implementing** 

GHI was launched in 2004 by the International Division of IFT and the European Federation of Food Science and Technology (EFFoST) in collaboration with Food Safety Magazine and Elsevier Science. GHI officially achieved the status of a nonprofit, charitable association in 2007 and is registered in Vienna, Austria. GHI aims to harmonize food safety legislations and regulations based on solid science as datum for building consensus. GHI identifies issues presented with justification and evidence, then prioritizes them depending on the availability

**food safety legislation in the developing economies**

*5.4.2.1. The focus for better operation of food safety and management system in India*

must be agreed [9].

#### *5.4.1. Major regulations governing food safety in Nepal*

Nepal is a member of CAC, WTO, FAO, and South Asian Association for regional cooperation (SAARC). It is also a member of the World Organization for Animal Health (OIE) and Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation (BIMSTEC). The country drafted its first food legislation in 1966. This piece of legislation was called the Food Act. The Food Act spelled out the basis for control of inspection of food premises, destruction of nonconforming products and ensuring safety and quality of imported foods. This was then followed by the Plant Protection Act of 1972 and Animal Health and Livestock Services Act of 1998. The upsurge in international trade and economic liberations in Nepal in the 1990s made food safety a priority as it became critical for acceptance of products traded internationally. Initially, the focus of food safety strategies was toward end product testing. Increasingly though, the knowledge of HACCP and other important food safety systems has resulted in the focus moving to the "farm to fork" continuum. Food safety legislation is increasingly based on HACCP principles even though this is not mandatory yet. Owing to the fact that the country does not have a traceability component, effecting recalls, understanding sources of food contamination, and hence mitigation in times of food-borne outbreaks becomes very cumbersome and may take too long [8].

#### *5.4.1.1. Food safety institutional framework in Nepal*

The Food safety and quality management system in Nepal is under the Ministry of Agriculture and Cooperatives. This it done through the Department of Food Technology and Quality, which is focused on safety and quality of food in the market and ready to eat food. While the Department of Livestock and that of Agriculture are charged mostly with handling safety at primary production of food. The Nepal Council for Standards and the Nepal Bureau of Standards and Metrology are charged with standards development and implementation in Nepal. They are the standards governing body and custodians. Nepal Council for Standards (NCS) is mandated to approve all Nepalese standards while the Nepal Bureau of Standards and Metrology (NBSM) functions as the secretariat that prepares the standards. NBSM has developed and adopted more than 100 standards related to food. Through the South Asian Regional Standards Organization (SARSO), the country is also actively involved in development of regional standards. The Food Standards Board (FSB), advices government on standards and principles and also ensures that they are aligned to international standards. [8].

#### *5.4.2. Food safety legislation in India and the institutional frame work*

The food safety and quality management systems in India are under the mandate of the Food Safety and Standards Authority of India (FSSAI). There exists an increased demand for safe, high-quality food and greater choices among the Indian consumers. Food safety incidences like the 2015-withdrawal of *Maggi noodles* and the governments' surveillance of food-related illnesses contribute to create awareness on food safety among Indian consumers. Still, over the years, many food-borne illnesses are unreported and foodborne out brakes are erratically reported. In 2006, about 13.2% of households reported food-borne illness. Food Safety Standards Act (FSTA) of 2006 was designed to improve the overall safety of consumers and aid advancement in international trade. Food Safety Standards Authority of India (FSSAI) is wholly responsible for food safety matters. However, even after a decade of transitioning, there are still overlaps of legislations between the Bureau of Indian Standards and FSSAI especially with regard to milk. The same case is observed in fruits and vegetables as both the FSSAI and Agricultural Marketing Standards apply yet both are based on CAC standards. These incidences confuse consumers and make it difficult for producers to distinguish whether the regulations are mandatory or not. Finally, there also exist state-level legislations that require compliance, and this sometimes complicates the intra-state trade [9].

#### *5.4.2.1. The focus for better operation of food safety and management system in India*

• Poor food safety regulation and enforcement infrastructure

numbers and scattered across the country.

28 Food Safety - Some Global Trends

cumbersome and may take too long [8].

*5.4.1.1. Food safety institutional framework in Nepal*

*5.4.2. Food safety legislation in India and the institutional frame work*

*5.4.1. Major regulations governing food safety in Nepal*

• Inadequate technical and regulatory, assessment of conformity

• Inspections are difficult as the food producers, processors, traders and retailers are in large

Nepal is a member of CAC, WTO, FAO, and South Asian Association for regional cooperation (SAARC). It is also a member of the World Organization for Animal Health (OIE) and Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation (BIMSTEC). The country drafted its first food legislation in 1966. This piece of legislation was called the Food Act. The Food Act spelled out the basis for control of inspection of food premises, destruction of nonconforming products and ensuring safety and quality of imported foods. This was then followed by the Plant Protection Act of 1972 and Animal Health and Livestock Services Act of 1998. The upsurge in international trade and economic liberations in Nepal in the 1990s made food safety a priority as it became critical for acceptance of products traded internationally. Initially, the focus of food safety strategies was toward end product testing. Increasingly though, the knowledge of HACCP and other important food safety systems has resulted in the focus moving to the "farm to fork" continuum. Food safety legislation is increasingly based on HACCP principles even though this is not mandatory yet. Owing to the fact that the country does not have a traceability component, effecting recalls, understanding sources of food contamination, and hence mitigation in times of food-borne outbreaks becomes very

The Food safety and quality management system in Nepal is under the Ministry of Agriculture and Cooperatives. This it done through the Department of Food Technology and Quality, which is focused on safety and quality of food in the market and ready to eat food. While the Department of Livestock and that of Agriculture are charged mostly with handling safety at primary production of food. The Nepal Council for Standards and the Nepal Bureau of Standards and Metrology are charged with standards development and implementation in Nepal. They are the standards governing body and custodians. Nepal Council for Standards (NCS) is mandated to approve all Nepalese standards while the Nepal Bureau of Standards and Metrology (NBSM) functions as the secretariat that prepares the standards. NBSM has developed and adopted more than 100 standards related to food. Through the South Asian Regional Standards Organization (SARSO), the country is also actively involved in development of regional standards. The Food Standards Board (FSB), advices government on standards and principles and also ensures that they are aligned to international standards. [8].

The food safety and quality management systems in India are under the mandate of the Food Safety and Standards Authority of India (FSSAI). There exists an increased demand for safe, There is a need to improve capacity to enable effective inspection and monitoring of food safety conditions in India. Prosecution and administration of food laws require to be devolved at the state level but currently lies at national level and therefore far flung areas are hardly reached. The country needs to improve laboratory access that currently is deficient and efforts should be made to improve on the number of specialists in the food safety related fields. The main focus in India's food safety management system is on upgrading laboratories and collaboration between the AGMARK and the FSSAI labs and the sharing of data. This way, only failed samples should be passed on to the national reference laboratory. The universities and FFSAI need to train and employ food safety experts. There is a need to increase awareness of all stakeholders especially on updated regulations. There must be increased emphasis on training of food handlers especially among the informal and small-scale food processors and producers. Currently, awareness is disproportionate among the rural consumers, and yet, these consumers like everyone else deserve good quality food. Use of mass media campaigns to target rural consumers will improve their awareness. Lastly, it is crucial to remove overlap in responsibilities of the organizations and assign clear mandates and modes of collaboration must be agreed [9].
