Implement Food Safety Act: HC tells Govt

Srinagar, Jan 02: The High Court Wednesday directed the government to take necessary steps for making provisions of Food Safety and Standards Act 2006 effective at the ground level.
A division bench of the High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar while passing directions on a Public Interest Litigation asked the Commissioner Food Safety Jammu and Kashmir to take steps to implement the provisions of the act. The commissioner has been asked to file a compliance report by January 31, 2013.
The court directed all the concerned district authorities to take samples on a weekly basis from all the factories and industrial units which manufacture and produce species of all kinds.
“The samples should be taken in respect of other eatables items also,” the court said.
The court directed that the samples should be sent to concerned authorities in accordance with the mandate contained in the Food Safety and Standards Act 2006 and the rules and regulations made under the act.
The court directed the concerned authorities to initiate action in accordance with the law on the basis of the report from the laboratories.
The court said the samples should also be taken in respect of food items and eatables, which were imported into Jammu and Kashmir.
“The samples shall be taken on a weekly basis and sent for testing to the concerned laboratories and thereafter appropriate action in accordance with the law should be taken in the matter and the compliance report be filed before January 31, 2013,” the court said.
The court also directed the respondents to continuously keep on testing the milk which is sold in the market and further directed that action be taken if the samples were found adulterated.
The court said the compliance report in this respect be filed before January 31.
The court also directed the district magistrates of all the districts to closely monitor the functioning of the authorities responsible for maintaining food standards in their respective districts.
 The court asked the district magistrates to convene fortnightly meeting of all the officers to ensure the maintenance of food standards and directed them to file a compliance report by January 31.
The court also directed the respondents to inform it about the number of slaughter houses available in each district.
The respondents were also directed to inform the court about the hygienic condition of the factories, manufacturing units and slaughter houses.
The petitioners were represented by advocate S M Ayub and T H Khawaja.
Senior Additional Advocate General A M Magray represented the State.

Food Safety: High Court directs JK Govt to ‘get spices tested’

Srinagar, Jan 2: The Jammu and Kashmir High Court has directed the state government to collect samples of spices, manufactured by factories and/or industrial units in the state, on weekly basis for laboratory testing. The Court directed the government to punish those found indulging in adulteration.
A division bench of High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar, while passing a slew of directions on the Public Interest Litigation (PIL) seeking implementation Food Safety and Standards Act in J&K, also directed for testing of imported food items and other eatables.
The Court, however, said the samples shall be sent to the concerned laboratories in accordance with the mandate contained in the Food Safety and Standards Act of 2006. “The government has to file the compliance report before January 31, 2013,” it said.
The court also directed the respondents to continuously keep on testing the milk in the market, directing action under law against those whose samples are found adulterated.
In order to maintain food standards in their respective districts, the Court directed all the District Magistrates to “closely monitor the functioning of the authorities responsible to maintain food standards in their districts.” The DMs have also been directed to convene fortnightly meetings of all officers for this purpose.
“The District Magistrates shall file compliance report in this behalf by January 31, 2013,” the Court directed.
The Court further directed the respondents to inform the Court about the number of functional slaughter houses available in each district of the state.
“The respondents will also inform the court about the hygienic conditions of the factories, manufacturing units and slaughter houses,” the court said.
It also directed the government to provide information about the result of the samples already taken and sent to the concerned laboratories.
The court directed the government to take necessary steps for making provisions of Food Safety and Standards Act effective and visible on the ground level.
Seeking compliance report by January 31, the court asked the Commissioner, Food Safety (Jammu and Kashmir) to take steps to avoid confusion in the implementation of the provisions of the Act.
The PIL states that 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 In-charge Drug Controller has been assigned the job who “lacks the basic eligibility and qualification.”
According to the PIL, 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 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.
The petitioners were represented by advocates S M Ayub and T H Khawaja while SAAG, A M Magray, AAG, Shabir Naik, Advocate B A Khan defended the state.

Adulterated food items HC pulls up authorities, provides list of do’s and don’ts SRINAGAR, Jan 2: The state high court has pulled up the authorities for not discharging their duties honestly and with sincerity regarding ensuring that the people are provided safe food items and eatables. The observation was made Justice Virender Singh and Justice Muzaffar Hussain Attar in a public interest litigation (PIL) filed by Advocate S M Ayub and Advocate T H Khawaja. Through the PIL the two lawyers brought into notice of the court, hazards to which people of the state are exposed by being provided adulterated food items. The level of adulteration in almost all kinds of eatables is said to be, in many cases, life threatening. “The court, in its earnest effort to enforce the Article 21 of the Constitution of India and the Food Safety and Standards Act, 2006, is pursuing this Public Interest Litigation. The issues raised in this petition are of great public importance as they have a direct impact on the health of the people of the state,” observed the judges. “On December 31, attention of the court has been invited to a report filed by the respondents, in which, it is shown how many samples have been taken by the concerned authorities in the month of October and November, 2012. We were surprised to find that in the month of October and November, 2012 only four samples have been taken in the city of Srinagar. In this fact situation, we are not satisfied with the performance of the concerned authorities. Before dealing with them in accordance with law, they are given one more opportunity to discharge their duties honestly and with sincerity,” the court observed. The judges passed a number of directions to ensure that the people of the state are provided safe food items/eatables. The court directed that the respondents will take all necessary steps by providing necessary paraphernalia for making the provisions of the Food Safety and Standards Act, 2006 effective and visible on ground level. The necessary staff shall be made available and efforts shall be made to constitute service 'in terms of the Food Safety and Standards Act, 2006, so as to avoid any confusion in implementation of the provisions of the said Act. “The respondent- state/commissioner, Food Safety Jammu and Kashmir, Jammu to take steps in this behalf and file/ compliance report by January 31. All the concerned authorities in all the districts of Jammu and Kashmir are directed to take samples on weekly basis from all the factories/industrial units which manufacture and produce spices of all kinds. The samples should be taken in respect of other eatable items also. These samples shall be sent to the concerned laboratories in accordance with the mandate contained in the Food Safety and Standards Act, 2006, and the rules and regulations made there under. The concerned Authorities shall initiate action in accordance with law on the basis of the report so received. The samples should also be taken in respect of food items/eatables which are imported into the State of Jammu and Kashmir from other States of the Country and which are available in the market, on weekly basis and sent for testing to the concerned laboratories and thereafter appropriate action in accordance with law be taken in the matter. The compliance report be filed before 31st January, 2013,” the court directed. The respondents were further directed to continuously keep on testing the milk which is sold in the market and to proceed in accordance with law wherever the samples are found to be adulterated. Compliance report about same be filed before January 31 in court. “We direct the district magistrate of all the districts of Jammu and Kashmir to closely monitor the functioning of the authorities, who are responsible to maintain food standards in their respective districts. The District Magistrates to convene fortnightly meeting of all the officers for the said purpose. The District Magistrates shall file compliance reports in this behalf by January 31 , 2013,”the judges directed. The respondents were directed also to inform the Court as to how many slaughter houses are available in each of the districts. It is also informed that whether all these slaughter houses are functional. Respondents will were directed to inform the court about the hygienic conditions of the factories/manufacturing units and slaughter houses; The respondents to provide further information to the Court about the result of the samples which have been already taken and referred to the concerned laboratories. PIL was listed in the second week of February subject to availability of the bench. Court lashes at govt bodies for food adulteration 6 directions issued for ensuring food safety in the state Srinagar: Expressing its dissatisfaction over performance of government authorities including Srinagar Municipal Corporation in checking food adulteration, the J&K High Court has issued six directions to authorities as a track “to ensure people of the state are provided safe food items and eatables.”  Hearing a PIL seeking implementation of Food Safety and Standard Act 2006 (FSSA) to check food adulteration, a division bench of the court comprising Justices Virender Singh and Muzaffar Hussain Attar directed authorities to take necessary steps by providing all basic ‘paraphernalia’ for making the provisions of the Act “effective and visible on the ground.” “The necessary staff shall be made available and efforts shall be made to constitute service in terms of the Act, so as to avoid any confusion in (its) implementation,” the court said and directed Food Commissioner— Manoj Kumar Dwivedi who is also Secretary Health and Medical Education Department—to file compliance report by January 31. In its second direction, the court asked authorities to take samples on weekly basis from all factories and industrial units which manufacture and produce spices of all kinds. “The samples should be taken in respect of other eatable items also (including those imported into the state),” the court said, adding, “These samples shall be sent to the laboratories in accordance with the mandate contained in the Act and the rules and regulations made thereunder.” The court also directed authorities concerned to initiate action in accordance with law on the basis of the report so received and file a compliance report by the end of this month. In its third direction, the court directed authorities to test the milk which is sold in the market and proceed in accordance with law wherever samples are found adulterated. The court, in its fourth direction, asked all District Magistrates in the state to closely monitor functioning of the authorities responsible for maintaining food standards in their respective districts. The court directed the magistrates to convene fortnightly meetings with all the officers for the purpose and file compliance report by the end of this month. In its penultimate direction, the court directed authorities concerned to inform it about the number of slaughter houses in each district. “The court (shall) also be informed whether all these slaughter houses are functional and what their hygienic conditions are.” Lastly, the court directed respondents to provide further information about the result of samples which have been already taken and referred for testing in past. The court directions followed observations about ‘unsatisfactory’ performance of authorities in checking the food adulteration and arguments by petitioner in-person, advocate Sheikh Muhammad Ayoub.   The court expressed its surprise over the working of SMC authorities after its attention was drawn to a report wherein it was pointed out that only four food samples were taken in this summer capital of the state. “In this situation, we are not satisfied with the performance of the concerned authorities. Before dealing with them in accordance with the law, one more opportunity is given to them to discharge their duty honestly and with sincerity,” the court said. Earlier in his arguments, advocate Sheikh Ayoub said that there is adulteration in all kinds of eatables and in some case life threatening. Besides Ayoub, advocate Tasaduq Khwaja also appeared on behalf of the petitioners while government was represented by Senior Additional Advocate General AM Magray. The court listed the case in the 2nd week of February for further consideration.