Food Safety Tribunal

Growing complaints of impure and infectious food served in public restaurants, hotels and eateries became an alarming issue in the country. It had direct impact on the health of the people. PIL were filed with the Supreme Court to take note of contaminated food served or packed for service. The court took a comprehensive note of the entire issue and handled it as the case deserved to be handled. In 2006, The Food Safety and Standards Act was enacted in 2006 in the State but its rules were framed in 2011 after a lapse of five years, which was the testimony of non-serious approach towards the important piece of legislation right from the very beginning. According to the Act, the State was desired to appoint two Food Safety Appellate Tribunals — one each for Jammu and Kashmir.

However, the State Government did not take the responsibility of enforcing the Food Act with as much seriousness as was desired and the matter lingered on for a long time. A PIL was filed with the Supreme Court and as a result the court reprimanded the State Government for showing scant respect to the question of implementation of the Food Act. Even the State High Court also cast aspersions on the State Government for violating the clauses of the Act by not appointing the Tribunals as stipulated in the Act. After being reprimanded by the Supreme Court and High Court of Jammu and Kashmir over tardy implementation of this Act, the Department of Health and Medical Education on February 10, 2016 issued orders for the appointment of two Tribunals as per Rule 3.2.2 of the Food Safety and Standard Rules. However, appointment of two Tribunals did not mean that the Act had become functional in the State. The Tribunals need manpower and paraphernalia that would help them become functional. Such facilities have not been provided and only a lackadaisical attitude was adopted by the State Government. It clearly showed that the Government is not really serious that Food Act should be implemented in true spirit. These Tribunals are required to hear appeals from the decisions of the Adjudicating Officers under Section 68 of the Food Safety and Standard Act, 2006. The Additional Deputy Commissioners of every district have been designated as Adjudicating Officer as per the Food Safety and Standards Act, 2006.

The appointment of Presiding Officers of Food Safety Appellate Tribunals was welcomed in the wake of large number of pending cases related to unsafe, substandard and misbranded food products and items with the District Magistrates and in civil courts. However, in the absence of necessary paraphernalia, the Tribunals cannot function and the very purpose of the scheme seems to be in a state of stalemate.

The essential question is of the health of people. Food safety is becoming a serious matter since people are becoming more and more aware of consuming the right type of food. This is a delicate technical matter in which millions of peoples’ health is involved. Therefore, we would implore the State Government to divert its attention to the stipulations of the Food Act and provide the wherewithal to two Tribunals so that these become functional without loss of time. Government authorities claim that the posts for the Tribunals have been advertised but selection has not been made so far. They do not say why the selection is not made and when will the posts be filled. The High Court has called the report of the Medical Health Education Department only eyewash. What more aspersions can be cast by the High Court and how long will the department take it lightly.