Jun 9, 2012

High Court gives govt three months to act


Srinagar, June 8: J&K High Court has directed the government to implement Food Safety and Standard Act, 2006 and Food Safety and Standard Rules, 2011 within three months.
 A division bench comprising justices Mansoor Ahmad Mir and Hasnain Massodi issued the directions on a Public Interest Litigation petition filed by Advocate Sheikh Muhammad Ayoub.
 The petition prays for directions to the state to implement the Act and the Rules.
 While expressing dissatisfaction over the reply the state has filed, the Division Bench observed “it is not in sync with the court directions.”
 Pertinently, the court on March 28, 2012 had directed the government to file compliance report vis-à-vis the steps taken by it to implement the Act and the Rules.
 The Court had directed the Divisional Commissioners Kashmir and Jammu, and Commissioner Food Safety J&K to file compliance report within two weeks while issuing notice to the government to file reply to the PIL.
 The PIL contends that the food safety issue has a colossal importance and requires to be taken with seriousness.
 According to the PIL, Food Safety Act 2006 and Food Safety & Standards Rules of 2011 provide that the post of Commissioner Food Safety should be manned by a person of Commissioner Secretary rank, while in J&K an Incharge Drug Controller has been assigned the job, who “lacks the basic eligibility and qualification.”
 “The present incumbent is not competent to hold the post and sanction any prosecution and he is not in a position to take any action against the person found guilty under the Act and Rules” the petition reads.
 The petition alleges that the adulterated food items are openly sold and many spices and edibles in the market are unsafe for consumption as the Act and Rules have not been implemented.

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