‘Expired’ rice saga: FDA clarifies GH¢100k fine on Lamens Investments

The Food and Drugs Authority (FDA) has clarified that the GH¢100,000 fine imposed on Lamens Investments Africa Limited was due to several regulatory breaches, not concerns about the quality of Moshosho rice imported from India.

In a statement, the FDA explained that Lamens Investments rebagged the rice without obtaining prior approval, a necessary measure to uphold product integrity and safety standards. This re-bagging occurred in an unlicensed facility, and the process was conducted without FDA supervision, both of which are violations of Ghanaian regulations.

The authority detailed the specific infractions that led to the fine:

1. Re-bagging the rice without FDA authorization.
2. Operating an unlicensed facility for re-bagging.
3. Neglecting to ensure FDA oversight during the process.

Investigations revealed that approximately 22,000 bags of 50kg rice, originally imported from India, were falsely labeled as "Made in Ghana" and distributed without critical details such as manufacturing and expiration dates, which contravenes Ghana’s food safety laws.

Despite these violations, the FDA confirmed through tests conducted in Ghana and India, including by the Centre for Scientific and Industrial Research (CSIR), that the rice met safety standards. However, the handling and labeling of the product breached protocols designed to protect public health.

The FDA also recently approved an extension of the rice's "Best Before" date from December 20, 2023, to April 30, 2024, following a rigorous scientific review. A further extension to December 2024 was denied due to a lack of sufficient stability data to support the request.

The authority addressed concerns about its acceptance of partial payments for administrative fines, explaining that this practice facilitates timely regulatory actions while holding companies accountable for their violations.

The FDA reaffirmed its commitment to safeguarding public health and maintaining trust in the food supply chain, emphasizing that enforcement of regulatory standards is critical to achieving this mission.

Background:

North Tongu Member of Parliament, Samuel Okudzeto Ablakwa, alleged that 22,000 bags of expired rice were re-bagged and distributed to Senior High Schools (SHSs) across the country through the Free SHS Secretariat earlier this year. He claimed the National Food Buffer Stock Company and Lamens Investments Africa Limited conspired to use a storage facility in Kumasi to repackage the expired Moshosho Rice from India into sacks labeled "Made in Ghana" but without expiration dates.

Mr. Ablakwa, speaking on Joy FM, stated that the re-bagged rice was distributed to schools before test results from the FDA were completed. He also alleged that the company used a bonded warehouse in Tema to store around 10,000 bags of rice. He called for a full investigation into the matter and demanded that those responsible be prosecuted.

According to the MP, while the company admitted to its violations and agreed to pay the GH¢100,000 fine, it had only made a partial payment and could no longer be traced. He further alleged that the rice, reportedly contaminated with insects and possessing high acidity levels, should have been destroyed based on FDA findings.