-importer threatens legal action

POPULAR businessman, Seearam Dabicharran, aka Dabi, who operates Dabi’s Variety at 40 Robb Street, Bourda, is threatening to take legal action against the Food and Dugs Department and its Director Marlon Cole over what he considers a “blatant” abuse of power,” but Cole has rubbished the allegation.

The evidently peeved businessman said that Cole has held up his nine containers of milk imported from New Zeeland, demanding that the milk be packaged in smaller packages as against the 25kg or 50lb bags.

However, when contacted by the Guyana Chronicle, the Director of the Food and Drugs Department said it is Dabicharran who has been abusing a repackaging permit granted to him by the department, and as such, an investigation has been launched to determine whether the containers of milk should be released or not.

Cole explained that the Food and Drugs Department had granted Dabicharran a Repackaging Permit, under the condition that he has in place a repackaging facility, and would repackage the milk under hygienic conditions. However, the importer has been allegedly acting in breach of the permit.

He said the department has evidence suggesting that Dabicharran is in the business of reselling the milk in the 25kg packages to wholesalers and retailers, who would then repackage the milk under very insanitary conditions.

Cole noted that in some cases when milk is imported in bulk, it is for industrial purposes and not for table use. Additionally, he said when it is repackaged in clear plastics, it is often done in unsanitary conditions, and is at risk of losing its nutritional values.

In the case of Dabicharran, Cole said, it was another importer who had informed the department with supporting evidence that Dabicharran was in the business of reselling the milk without repackaging. The importer had also accused the Food and Drugs Department of engaging in corrupt practices with the Robb Street businessman.

Given the allegation made out against Dabicharran, Cole said an investigation has been launched to determine whether his repackaging facility is in keeping with the regulations established under the department and whether it has the capacity to repackage nine containers of 25kg milk. His business was inspected on Thursday, and a report will be compiled before a decision is made.

The Director of the Food and Drugs Department is maintaining that all importers must abide with the regulations governing such activity, emphasising that the department is only acting in the interest of the public.

But the Robb Street businessman is sticking to his story. He said he has been buying powered milk from New Zealand under the brand NZMP for a number of years now. He pointed out that he has been repackaging the very milk powder under his locally registered brand, Natura.

However, he said that he has been bringing in the milk in the 25 KG packages, to which Cole has objected and demanded that he import the milk in the small packages into which he has been repackaging it. This, he said, makes no sense as the 25 Kg packages that he has been importing are legal sizes and therefore if he is prevented from importing them, he is certain that another businessman will seize the opportunity and bring it in.

“There is no law that says that I cannot important the 25 KG milk packages and I am at [a] loss as to why I am now being told that I must import them in the very size that I am repackaging and sell,” he said.

He told this newspaper that in 2015, a similar situation had existed whereby Cole held up 11 containers and agreed to release it only after his lawyer, Glen Hanoman, had intervened with threats of legal action by way of a letter on November 6, 2015.

“He had tried doing this in 2015 and he only gave me my containers after my lawyer wrote him demanding that if I do not get my containers within a certain time that he will proceed to the courts. I thought that after that situation Mr Cole would have endeavoured to ensure that things are done professionally and correctly, but from what I am seeing he is vindictive and abusing his power,” the businessman said.

He noted that he has exhausted all possible options of resolving the matter amicably; however, he stressed that Cole has no intentions of doing so.

“He would say that he has a meeting, but [when] he sees you he is the only person speaking and he talks down to you. How can that be regarded as [a] meeting when you are not allowed to share your views and opinions,” Dabicharran questioned.

“Dabi” said that he is aware that the department is a regulatory one, thus, he is cognisant of its roles and responsibilities. However, he is demanding that a level playing field be made available so that all importers irrespective of who they are can fall into line. The peeved businessman has insisted that he continues to do everything by the book.

As such, he wants to know the real reasons for the many obstacles, being placed in his way by the director. He pointed out that in 2015, he had incurred millions of [dollars in] losses due to the delay of his containers and at the moment his losses thus far is almost a million dollars and increasing.

He disclosed that Cole’s concerns in 2015 was that the milk should not be distributed or sold in clear plastic bags and he had given him the commitment that this was not going to be done. The businessman revealed the Natura-branded package with the relevant labels and information on the packages that are being used. He noted that this still doesn’t satisfy Cole, who he said seems unclear as to what he really wants.

“It’s like he wants us to do the enforcing of the law as if he takes a walk down the street he will see the many persons who are selling things without it being properly labelled and that isn’t our problem as we are prepared to comply, as we have been complying; but to single us out and is demanding that we get people to stop selling the milk powder in clear plastic bags isn’t and shouldn’t be our responsibility, as Cole should ensure that his department enforces the laws,” the businessman declared.

He pointed out that his operations while being a small one employs some 25 persons and with the undue challenges and difficulties being faced he may be forced to reduce his staff.

“I met with Minister Cummings at the Ministry of Health and she has asked me to wait and see what happens but how long more can I wait? I have all intentions to resolve this matter, but if it is not being resolved I will certainly use the options open to me which is the courts, as this is certainly foolishness as one man is so powerful that he picks and chooses whose containers he wants to hold, thus making life challenging for them,” he said.

The businessman said that with the recent media attention that Cole got from Sueria Manufacturing, he had thought that commonsense would have prevailed, thus resulting in all importers being treated fairly. However, he noted that Cole seems to be on a mission of slowing up economic growth among businesses and it is time that the relevant authorities put an end to this unfair treatment being meted out to importers.

“He seems to be the most powerful person as he listens to no one and does whatever he feels and this will not help Guyana…” Dabicharran said.

He said that Cole is exploiting the smaller importers as he is demanding all sorts of import documents, while singling out importers to frustrate them. “The big importers are not going through this stress that many of us are going through and it seems like nobody has any intentions of putting a stop to this,” the businessman related.