Food Adulteration: HC unimpressed by Govt’s implementation of FSSA

Seeks Status About Mobile Food Testing Laboratories in J&K

Srinagar: Expressing dissatisfaction over its compliance report, the J&K high Court has directed government to take necessary steps by providing all basic ‘paraphernalia’ for making the provisions of the Food Safety and Standard Act 2006 (FSSA) “effective and visible on the ground.”
In this regard, a division bench of the court comprising Justices Mohammad Yaqoob Mir and Janak Raj Kotwal directed Commissioner Secretary Health and Medical Education to file a “better affidavit” within three weeks “which must be totally in-keeping with direction (a)” issued on 31 December last year.
“(The affidavit) shall indicate as to what steps have been taken for ensuring strict compliance,” the bench said after perusal of a compliance report regarding “comprehensive proposal” which according to the Commissioner Secretary was under the “active” consideration of the Government for the implementation of Act.
On March 12 last, the court had asked the Commissioner Secretary about the time to be taken by it for finalization of the comprehensive proposal.
In response, the Commissioner Secretary submitted that 12 posts of Assistant Commissioners of Food have been created and the process for filling up of all these posts was under consideration.
“The comprehensive proposal perhaps has been confined only to the creation of the 13 posts,” the court said, adding, “The proposal must take into its sweep all the requirements of the direction (a).”
On December 31, the J&K High Court had issued six directions to authorities as a track “to ensure people of the state are provided safe food items and eatables.”
With regard to direction on the problem of adulteration in milk, the Commissioner Secretary filed compliance report which court observed suggested that a project report has been procured from Commissioner of Food Safety, Gujarat where Mobile Food Testing Laboratories have been put in place with success.
The court further observed as per a Communication addressed by Controller, Drugs & Food Control Organization to the Commissioner Secretary is suggestive of the fact that the proposal for setting up the Mobile Food Testing Laboratories is under active consideration of the Government.
After the perusal of the report, the bench directed the Commissioner Secretary to file an affidavit within three weeks so as to indicate the status vis-a-vis setting up of Mobile Food Testing Laboratories in the State.
The court also directed the Commissioner Secretary Commissioner to file within three weeks an affidavit as to what measures have been taken to provide requisite technical staff and the latest equipments to the concerned food testing Laboratory.
The directions followed the observation by the court that taking the samples shall be result oriented only when testing process is carried out well in time. “When a Laboratory is suffering from its internal ailment, as there is no man-power and latest equipments, the object will get frustrated.”
Regarding the direction to the authorities about taking samples on weekly basis from all factories and industrial units which manufacture and produce spices of all kinds, the court reiterated and directed that process of taking samples shall be increased.
“The action taken report shall also be submitted on next date of hearing on 1st May,” he said.
The directions were passed by court while hearing a Public Interest Litigation filed by a lawyer Sheikh Ayoub, seeking implementation of the FSSA in the state.
While Additional Advocate General J A Kawoosa, B A Khan and S A Makroo appeared respondents in the case, the petitioner appeared in person along with advocate T H Khawaja.