Food fortification, Govt sued again
THE Bulawayo United Residents Association has filed an application at the High Court against mandatory food fortification, joining millers in the fight against the measures.
In an application filed by BURA chairman Winos Dube, the residents want Sections 4(1), 5 and Section 7 of the Food and Standards (Food Fortification) Regulations, 2016 Statutory Instrument 120/2016, October 2016 be declared null and void.
The residents argued in court papers that mandatory fortification makes a fatal assumption that everyone who resides or is visiting Zimbabwe has a nutrient deficiency.
“The implementation of the regulations are unreasonable as they fail to set in place indicators for persons with sufficient nutrients to choose not to take additional fortificants which are unnecessary and may cause harm to their health. For example, a person with no iron deficiency who continues to take food products continually infused with iron may have his or her health negatively affected by excessive intake of such nutrients.
“There is need for scientific investigation on whether or not consumption of additional vitamins by persons who are already adequately nourished may cause health complications before such persons consume fortified foods as required by SI 120/16,” said Dube.
The Minister of Health and Child Care Dr David Parirenyatwa, the first respondent in the matter in his official capacity and second respondent Attorney General have 10 days to file opposing papers.
The Ministry of Health and Child Care set July 1 this year for the commencement of mandatory food fortification of selected food vehicles such as vegetable oils, sugar, wheat, flour and commercially milled maize meal arguing that it was cognisant of the primacy of disease prevention as opposed to curing and in particular the adverse results of growth retardation in children, low birth weight, reduced cognitive development, the increased risk of under — five mortality and reduced economic productivity emanating from failure to prevent micro-nutrient deficiency.
The residents argue that they were not been consulted before the regulations were enacted and yet they are the consumers of maize and wheat flour which are among the food products under mandatory food fortification, consists of persons who hold various beliefs such as Apostolic sects, Rastafarians, traditionalists, Christians and purists.
“Of these persons, some do not consume products which contain artificial supplement or drugs but prefer naturally grown and processed food stuff.
“By making food fortification mandatory in the current economic environment characterised by unprecedented Nostro liquidity challenges without even putting in place measures to ensure the equipment and the fortificants are locally available.
Applicant has well-grounded fear that it will precipitate food shortages that will trigger job losses, price surges and diminished household food security,” said Dube.
The residents said Health and Child Care Minister was already threatening companies who do not implement the regulations with the cancellation of their licenses. GMAZ this week also filed an application at the High Court arguing that their studies had shown that $14,8 million was required to buy machinery and a further $7,25 million was required to purchase fortificants every month.
“As matters stand, more than $34,7 million is required by members of the association to pay for the wheat imported in the 2016 season. While applicant’s members have the necessary bank balances to pay the sum outstanding, the relevant Nostro currency has simply not been obtained. Everything is conditional upon the availability of Nostro currency and it is an open secret that the republic is facing serious challenges in that regard,” GMAZ said.