Oct 24, 2013

SC asks FSSAI to inspect carborated drinks, fruit, veg markets

NEW DELHI: Voicing serious concern over the harmful effects of carborated drinks on the health of people, the Supreme Court has ordered periodic checks of all facilities manufacturing them as also major fruits and vegetable markets.
"The Food Safety and Standards Authority of India (FSSAI) is to monitor and conduct periodic inspections of all carbonated soft drinks as the issue relates to citizens' fundamental right to life guaranteed under the Constitution", said a bench of Justices K S Radhakrishnan and A K Sikri.
The FSSAI has been directed by the bench to evaluate the harmful effects of soft drinks on human health and to ensure that all beverages have labels detailing their ingredients, including levels of added chemicals.
The bench said many food articles like rice, vegetables, meat, fish, milk, fruits contain insecticides or pesticides residues beyond tolerable limits.
"We notice fruit-based soft drinks available in various fruit stalls contain such pesticides residues in alarming proportion but no attention is made to examine its contents. Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit-based or otherwise," it said.
The apex court said the right to life and human dignity also encompasses the right to have food articles and beverages which are free from harmful residues such as pesticides and insecticides.
"Enjoyment of life and its attainment, including right to life and human dignity encompasses within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, etc," the bench, in its 26-page judgement, said.
"We may emphasise that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health...," it said.
The bench disposed of the PIL seeking to set up an independent technical panel to evaluate the harmful effects of soft drinks on human health, particularly on children, saying the Food Supply and Standards (FSS) Act, the Prevention of Food Adulteration (PFA) Act along with their rules and regulations were sufficient to deal with the grievances.

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