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GRAIN Millers
Association of Zimbabwe (GMZ) has approached the High Court to set aside
the recently promulgated Food Fortification regulations by the Health
Minister David Parirenyatwa.
The minister
recently announced that no "person shall manufacture, import, store or
sell any wheat flour and milled maize products unless fortified", citing
health reasons.
According to the
minister, any failure to comply with the provision of the regulations
constitutes a criminal offence which attracts a term of imprisonment of
up to six months.
The millers are
arguing that those regulations are "grossly unreasonable" and "defy
logic" as they give the sustainable impression that Parirenyatwa took
leave of his senses in promulgating and recently activating such rules.
The Regulations, according to GMZ, the rules are ultra vires to the enabling Act.
In her court
application, GMZ deputy chairperson, Thembenkosi Ndlovu, said the health
problems which Parerinyatwa says want to address have nothing to do
with their members.
"Those problems are
prevalent in the rural areas and people in rural areas do not or seldom
consume our member's products," said Ndlovu.
"The Regulations
are not sensitive to the reality, they have simply decreed that anyone
who fails to comply with them is a criminal and must be sentenced to a
term of imprisonment."
She added, "A government Minister properly considering the matter could not have come up with this kind of prescription."
According to the
millers, the compulsory process not only affects the manufacturers but
also those who pack maize and wheat products.
"This means that
they are all required to add a regime of artificial nutrients into these
products, that reality means none of the applicant's members are
spared."
Ndlovu also went on
to say that artificial nutrients are not locally produced and further
there is need for the acquisition of machinery used in the
fortification.
"The Health
Minister has come with this capital intensive programme without making
any provision for millers to access the funds required for machinery and
artificial nutrients and the construction of a specialised laboratory
by every miller," said the GMZ deputy chair.
"Those supplying the equipment must train local personnel on how to use it and on how it is to be operated and serviced.
She added, "Their
services need to be remunerated in foreign currency and no such foreign
currency is available which is $35 million required by members of the
association to pay for the wheat imported in 2016."
"If he cannot get the money he similarly cannot expect the applicant (GMZ to create it."
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