Food Safety Act cannot include alcohol, claims petition; Notice issued

The Madhya Pradesh High Court has sought response from the central government on a bunch of petitions challenging the inclusion of liquor products in the Food Safety and Standards Act 2006, implemented in the state in 2011.
A bench of Justice KK Lahoti and Justice TK Kaushal issued the notice to the centre on petitions filed by liquor distributors of Bhopal and Jabalpur against the inclusion of 'alcoholic drinks' under the definition of food in the Food Safety and Standards Act, 2006.
Senior Advocate Naman Nagrath appearing for the petitioners, pointed out that the power to frame law relating to alcoholic liquor is a subject matter of State List and that its inclusion in the Food Safety Act 2006 is against the applicable Schedule of the Constitution.
He added that there is already a law governing\ alcoholic products in the state - Madhya Pradesh Excise Act - and that the implementation of the Act will lead to overlapping of powers.
"It is needless to emphasis here that the State government has enacted the Madhya Pradesh Excise Act which regulates the manufacturing, production possession, transport, purchase and sale of intoxicating liquor and the same is still in force in the entire State of Madhya Pradesh," the petition stated.
The liquor distributors through the petition have sought to declare the particular section of the Act, relating to 'alcoholic liquor' as ultra vies of the Constitution. The petitioners have also sought direction from the court to the central government not to compel them to obtain licenses under section 31 of the 2006 Act.
The bench has posted the matter for further hearing on 17 May 2012.
The Food Safety and Standards Act of 2006 came into effect from 5 August 2011. The Act was passed in Parliament in 2006 to replace the Prevention of Adulteration Act 1954.